The term civil litigation refers to a legal dispute between two or more parties that seek money damages or specific performance rather than criminal sanctions. As a lawyer who specializes in civil litigation, I represent parties in trials, arbitration, and mediation before state and local courts. Several common types of civil litigation include:
Divorce and family law cases
Disputes and conflicts arising out of family relationships are the types of civil litigation cases that most people have had some experience with at some time in their lives. Divorce, separation, child custody, support and domestic violence cases are types of disputes that people resort to the courts to resolve.
Personal injury civil litigation
A person injured as a result of the negligent conduct of another individual or entity has the right to file a lawsuit seeking compensation. Personal injury civil litigation cases may arise from motor vehicle accidents, slip-and-fall accidents, injuries caused by defective products and other cases in which negligence caused an accident in which the plaintiff was injured.
Civil litigation arising from contracts
When one of the parties to a contract fails to perform its obligations under the terms of a contract, the other party has the right to file a breach of contract claim. The plaintiff in a breach of contract case could sue to recover monetary damages caused by the defaulting party, or the plaintiff might ask the court to order the defendant to perform according to the terms of the agreement. This latter remedy is referred to as specific performance.
The buyer of a home might not be satisfied with recovering monetary damages from a seller who refuses to convey title under a contract of sale if the uniqueness of the home or its location makes it one-of-a-kind. If the buyer is successful in proving breach of contract, the judge hearing the case could grant specific performance and order the defendant to sell the home to the plaintiff.
Landlord and tenant disputes
Evictions are only one of the disputes arising between landlords and their tenants that could find their way into the courts through civil litigation. Disputes over the a party’s failure to comply with the terms of a lease or conflicts about services a tenant claims are lacking could end up in front of a judge as a civil litigation case.
Disputes over real property
Property line disputes, conflicts about ownership rights and title claims are civil litigation cases in which the remedy might be something more than money damages. For example, a property owner claiming trespass by an adjoining owner might ask a judge to grant an injunction to prevent future encroachments.