Rosenfeld Injury Lawyers can help parties after another person has injured them in a car accident, hospital accident, breach of contract or other common type of accident. Our team is full of experts in the field of civil litigation and has heard many cases. There are other variations when you enter and exit civil and criminal law, but these are some of the most basic. Talk to a lawyer about your process today. Courts of first instance hear many types of cases. Overall, cases fall into 1 in 2 categories: By applying the rules of evidence, the judge determines what information can be presented in the courtroom. So that witnesses can speak from their own knowledge and not change their story based on what they hear from another witness, they are kept out of the courtroom until they testify. A court reporter keeps records of the trial, and a deputy clerk keeps records of each person testifying and of any documents, photos or other evidence presented as evidence. Not all civil cases follow these phases. The court or the parties may reorganize the phases.

And some cases have unique procedures dictated by court rules or a law. To learn more, research your case at your local law library. Click here to visit the law libraries. Criminal or penal proceedings are very different from civil cases. On the one hand, you cannot lose your freedom in civil proceedings. Only criminal proceedings impose the prospect of life imprisonment as a final solution. States differ in terms of contributory negligence and should exclude a claim altogether, but this is a general framework for any civil cause of action. If a civil action is submitted to binding arbitration and one of the parties is not satisfied with the arbitrator`s decision, either party may request proceedings before a city court judge by filing a de novo lawsuit with the city court clerk with the corresponding costs. An affidavit of service of the application after the Novo trial, indicating service to the other party, must also be submitted to the court. Every plaintiff should do these and other things when trying to deal with the defendant and the other parties in court and before a judge.

Once the evidence has been heard, each party presents a final argument. In a jury trial, the judge explains the law relevant to the case and the decisions the jury must make. The jury is usually asked to determine whether the defendant is responsible for causing harm to the plaintiff in any way, and then to determine the amount of damages the defendant must pay. If the case is heard before a judge without a jury, known as a „bench“ trial, the judge will decide these issues or order some kind of relief for the winning party. In civil proceedings, the plaintiff must satisfy the jury by „predominating the evidence“ (i.e., it is more likely than not) that the defendant is liable for the harm he or she has suffered. There are many types of cases in civil court: To bring a civil lawsuit in federal court, the plaintiff files a complaint with the court and „serves“ a copy of the claim on the defendant. The complaint describes the plaintiff`s damage or injury, explains how the defendant caused the damage, shows that the court has jurisdiction, and asks the court to remedy the situation. A plaintiff may demand money to compensate for the damage, or may ask the court to order the defendant to stop the conduct that causes the damage.

The court may also order other types of remedies, such as a statement of the plaintiff`s legal rights in a particular situation. We can handle most civil cases that have caused harm to the plaintiff. Our team has expertly maneuvered through all stages of a jury trial, using new evidence, law and other skills. Criminal proceedings differ from a civil action in a more procedural way and in terms of the burden of proof. It is higher in the criminal court. You must use the evidence to convince a judge or jury that the guilt of the other party or defendant is beyond a reasonable doubt. Eventually, a judge or jury will determine the facts of the case (in other words, find out what actually happened) and then apply the appropriate law to those facts. Based on their analysis of the law and facts, the judge or jury will make a final „judgment“ (sometimes called a „decision“ or „order“) and decide the legal consequences arising from the parties` actions. In a civil court, you only need to prove, using the evidence, that the defendant caused bodily harm by an illegal act that goes beyond the predominance of evidence. It`s a significantly lower bar, whether you`re in state or federal court.