Civil Litigation Lawsuit Process

A 27year old African American man pled guilty and was convicted on five counts of common law burglary. He was sentenced to death in accordance with Alabama state law. The prosecution presented the eyewitness accounts of the events and the petitioner did not testify. The defendant did not testify on his behalf, nor did counsel present his case. The judge accepted the guilty plea without any confirmation from the defendant concerning his voluntariness of his guilty plea or its consequences.

The civil legal system is one in which plaintiff feels that they have been wronged in someway and seek compensation and not punishment through a civil suit. This usually happens in the form of property or monetary damages. In these cases civil law governs relationship between and among people, business, organizations, and governmental entities. For example the case of Rodriguez v. Firestone (2001) civil law contained the rules for the manufacturing and sales of consumer goods with hidden hazards for the user.

A Civil court is as the name implies a court system based on disputes between average citizens which are far different from a criminal court where you are dealing with convicts. Just like a criminal court, a civil court also has a set of procedures listed by the judicial system in 1937 with over 86 different rules. Civil cases usually involve disputes between people or organizations. The court case Fenton v. Dudley in 2014. Fenton V. Dudley is “A lawsuit against lawyers who had filed a Fair Housing Act lawsuit against the plaintiff, which is the person who filed the lawsuit, and it later made its way from federal court to state court” (“Civil Rights -- federal court jurisdiction”). Both Civil and Criminal court both have the privilege of a trial by jury, depending on the circumstance.

* Filing a Complaint - In civil proceedings the complaint is the official engagement of the plaintiff with the defense regarding the proposed "injustice" caused by the defense. This is a formal document submitted by the plaintiff to the court having jurisdiction over the complaint.

Is where a magistrate will hear the prosecution’s evidence and decide if it sufficient enough to send the accused to the District or Supreme Court for trial.

Civil litigation is court action brought to remedy a wrong or breach of contract. This is shown through Canterbury Bulldogs player Sonny Bill Williams breached his contract by walking out on the club after having signed a contract which was legally binding. Through this law reform has been further enhanced in Australian sport.

Then is arraignment and the plea which once an indictment has been returned or information has been filed, the accused will be formally arraigned. The purpose is to once again inform the defendant of the specific charges against him or her and to allow the defendant to enter a plea. The defendant has the chance enter a plea of guilty, not guilty, or nolo contendere. Then there is

Arraignment: This happens after an indictment has been made by the grand jury. During arraignment the defendant is informed of his/her charges, defense attorney says whether defendant is guilty or not guilty.

This occurs prior to the official trial and will often determine whether the suspect will be detained with or without bail. “The Judge must make sure the accused understands the charges, explain the rights the accused has in the particular situation the accused is in, explain the type of sentence and penalty the accused faces, and will discuss bail, release, or custody with the accused.” (The Law Dictionary, n.d.) During this step of the criminal justice process, the defendant has the right to receive adequate representation. After some time, the suspect will face the judge again during the actual trial. When the trial begins, the prosecution and defense will present their opening statement to the jury. This process is meant to be an opportunity for each party to give an overview of the case and the means in which they intend to present the case. A key point regarding the opening statement is it cannot be considered as evidence by the jury. Evidence will be presented by both parties and thoroughly examined by the jury. Towards the end of the trial, the prosecution and defense will give their closing arguments. This is a summary of the case and presented in a manner to show support for their side of the case. During this step of the criminal justice process, the defendant has the right to a public trial, a jury trial, a speedy trial, and to be represented by an attorney. A

Comes Plaintiff, Constance Wolf F/K/A Constance Wolfgram, by counsel, and for her complaint states as follows:

So what is the different between a civil case and a criminal case? Well, a civil case is generally

The charging employee has the right to pursue their grievance in civil litigation, but only after finishing the whole administrative procedure through the Equal Employment Opportunity Commission office. The processes of the civil litigation lawsuit are familiar to the prior claim processes that the charging employee experienced with the Equal Employment Opportunity Commission. Nonetheless, there are a few steps that are different. With civil litigation, counseling of the charging employee is not needed. The employer or the defendant will be given a copy of the complaint as well as the summons of the lawsuit pending. These documents are distributed to the employer by a representative from the Sheriff's division. A ruling can be delivered a judge if the company neglects to send a reply to the complaint and summons. The progression moves forward with "discovery "when the company or defendant responds. The "discovery" stage is when both parties have to reveal documents or facts pertaining to the grievance (www.uscourts.gov, 2005).

The trial process begins with the selection of the jury. After the jury is selected the next stage is the opening statements. Since the prosecution has the burden of proof as to the defendant 's guilt, the prosecutor 's opening statement is given first. An

Next is the preliminary hearing. This is where the judge hears the evidence and from the

The purpose of civil law is to “deal with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim,” (“Civil Law vs Criminal Law.”, 2012). Civil law applies when there is a dispute between private parties, and the government is not involved. The lack of government involvement also leads to easier negotiations. Civil cases can be much more flexible since there is typically no law being broken and thus, no legal actions have to be taken. The less rigid civil law cases also generally allow them to be settled quickly and without controversy. According to the Bureau of Justice Statistics, more than half of general civil trials conclude in state courts, meaning they are able to reach an agreement and do not have to continue spending unnecessary time and money on the case (“Civil Justice.”, 2017).