The disagreement between the people in
business transactions over money, when challenged in the court, is
filed as a civil case. A plaintiff is a person who registers the case
against another person called the defendant in a legal language over the
dispute; usually money says Miya Griggs.
The fact is presented to seek relief from the honorable court. The
plaintiff can plead in the court to direct the defendant to compensate
him of all the damage suffered by him or pass judgment in his favor and
order the defendant to stop practicing those things that cause harm to
the plaintiff, or the court may issue the declaration emphasizing the
rights of the parties involved under the deal signed by them.
Standard of Proof in a Civil Case
Civil cases differ in a lot of ways
from a criminal case. For instance, mostly in civil cases, you will
witness that the judge or jury make a judgment about which side wins
based on a criterion called “preponderance of the evidence.” It merely
states that person in whose favor the case goes, his story is probably
true than not real says Attorney Miya Griggs.
The evidence brought in by both sides is equal. Just the judge prefers
the whose version of the truth is essential. The winning team made a
better effort to make the judge believe that what they are telling is
accurate, and they are on the right path.
A human judge is more audio than
video, so the evidence bought in the case should be “clear and
convincing evidence.” If you are on the right path of truth, that is not
enough. You need to prove that to the judge that your version of the
facts is highly likely. This is what is called the intermediate degree
of proof, more than “preponderance of the evidence.”
Few of the famous Types of Cases in Civil Court involve such things which are given below:
Tort claims: A
“tort” is a wrongful act as a breach of contract, which ends up defaming
a person, property, reputation, where the petitioner claims for
compensation. Here the Cases include requests for things as personal
injury, battery, carelessness, defamation Attorney Miya Griggs.
Breach of contract claims:
A violation of the contract is one party’s failure to deliver some term
of a contract, whether the agreement is written or oral. Here the Cases
involve claims for such things, such as after the completion of the
promise the other side does, not paying in full or on time, or failing
to deliver goods sold or promised.
Equitable claims: It
is an act of injunction where a party is refrained from taking some
action. It may or may not be joined with a request for monetary damages.
Examples of cases include temporary restraining order or injunction,
the solicitation of a business’ customers.
Originally Posted: https://attorneymiyagriggs.wordpress.com/2020/06/25/civil-cases-profile/
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