QUESTIONS & ANSWERS
Civil Litigation FAQs
- What is civil litigation?
- What is tort law?
- What is contract law?
- What are some common civil litigation suits?
- How long do I have to file my civil litigation claim?
- Can my case be settled out of court?
- What is alternative dispute resolution?
- What is arbitration?
- What is mediation?
What is civil litigation?
Civil litigation covers a broad spectrum of legal proceedings, encompassing all law that is not criminal. Civil law is divided into two primary branches: Tort Law and Contract Law. Rather than being tried in a criminal court, civil law cases are litigated in civil courts as lawsuits, and the remedy sought is typically financial compensation.
What is tort law?
A tort occurs when someone deliberately or through carelessness causes harm or loss to another person or another person’s property.
What is contract law?
Contract law is the area of civil law concerned with interpreting agreements between parties and resolving any disputes. Contract law is the basis of all commercial dealings, from buying a bus ticket to trading on the stock market.
The Ten Commandments of Contracts
What are some common litigation suits?
Civil offenses can vary and include the following offenses:
- Breach of contract or warranty
- Unlawful taking of property
- Damage to property
- Invasions of privacy
- Negligence
- Personal Injury
- Fraud
How long do I have to file my civil litigation claim?
All civil actions are subject to statutes of limitations, which may bar a case from being brought to trial, regardless of how good a case it was. Contact Howard Stallings to determine the statute of limitations for your matter.
Can my case be settled out of court?
A high percentage of civil cases are settled. In many instances, it may be in your best interest to resolve your dispute without going to court. An experienced civil litigation lawyer can advise you when settlement is appropriate, what type of settlement is fair and when litigation is your best option. Contact Howard Stallings today to discuss your case.
What is alternative dispute resolution?
Alternative dispute resolution is the method by which legal conflicts and disputes are resolved privately rather than through litigation. These disputes are usually resolved through either mediation or arbitration. It typically involves a process less formal than traditional court proceedings and includes the appointment of a third party to preside over a hearing between the parties.
What is arbitration?
Arbitration is the referral of a dispute to one or more independent third person(s) who act(s) as judge and jury. In advance of the arbitration, the parties agree to be bound by the arbitrator’s decision. Cases that are arbitrated are generally resolved faster than conventional lawsuits because arbitration is less formal and court congestion is not a problem. However, depending on the circumstances, arbitration is not always in the client’s best interest.
What is mediation?
Mediation is an informal process in which a mediator helps to negotiate a mutually acceptable resolution between disputing parties. Unlike arbitration or litigation, mediation does not impose a solution. If the parties cannot negotiate an acceptable settlement, they may still arbitrate or litigate their dispute.
