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CIVIL LAW FAQs
Q: What is civil law?
A: Civil law involves a lawsuit between two or more individuals, businesses or government agencies. Judgments in civil cases usually involve monetary awards from one party to another. These judgments do not involve criminal sentencing.
Q: Who assumes the burden of proof in civil law cases?
A: In civil law cases the plaintiff assumes the burden of proof. There are, however, instances in which the burden shifts to the defendant. If the plaintiff has a prima facie case, that is a case in which the plaintiff has sufficient evidence to establish a fact, then the defendant is required to refute or disprove the plaintiffs evidence.
Q: How do I file a civil case?
A: A civil action is commenced by the filing of a complaint. Parties instituting a civil action in a district court are required to pay a filing fee pursuant to Title 28, U.S. Code, Section 1914. The current fee is $250. Complaints may be accompanied by an application to proceed in forma pauperis, meaning that the plaintiff is incapable of paying the filing fee.
Q: How can I check on the status of my case?
A: Your lawyer is your best resource. Generally, all documents filed with a court are public records and are available through the clerk's office. By way of exception, some documents are sealed by special court order, and some documents are confidential by operation of law, such as grand jury materials and criminal files relating to juveniles.
Q: How are judges assigned to cases?
A: Judge assignment methods vary. The basic considerations in making assignments are to assure equitable distribution of caseload and avoid judge shopping. By statute, the chief judge of each district court has the responsibility to enforce the court's rules and orders on case assignments. Each court has a written plan or system for assigning cases. The majority of courts use some variation of a random drawing. One simple method is to rotate the names of available judges. At times judges having special expertise can be assigned cases by type, such as complex criminal cases, asbestos-related cases, or prisoner cases. The benefit of this system is that it takes advantage of the expertise developed by judges in certain areas. Sometimes cases may be assigned based on geographical considerations. For example, in a large geographical area it may be best to assign a case to a judge located at the site where the case was filed. Courts also have a system to check if there is any conflict that would make it improper for a judge to preside over a particular case.
Q: What are the United States District Courts?
A: The United States district courts are the trial courts of the federal court system. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico. Three territories of the United States; the Virgin Islands, Guam, and the Northern Mariana Islands have district courts that hear federal cases, including bankruptcy cases.
Q: What is a class action lawsuit?
A: Class action lawsuits allow plaintiffs, whose injuries might not be worth enough to justify bringing individual suits, to combine their damages into one lawsuit against a common defendant. Class action lawsuits can facilitate the fair and efficient resolution of legitimate claims of numerous parties. For those reasons, federal and state courts’ rules of civil procedure enable litigants to proceed on a class basis in appropriate cases. |