A comprehensive brief includes the following elements:

• Title and Citation.
• Facts of the Case.
• Issues.
• Decisions (Holdings)
• Reasoning (Rationale)
• Separate Opinions.
• Analysis.

The party against whom the complaint is made is the defendant; or, in the case of a petition, a respondent. Case names are usually given with the plaintiff first, as in Plaintiff v. Defendant. The similar term “complainant” denotes the complaining witness in a criminal proceeding.

Every civil lawsuit involves at least two parties—a plaintiff making a claim and a defendant resisting it.

defendant – In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Types of civil cases include:

• Personal Injury Tort Claims. One of the most common cases in civil litigation is personal injury claims.
• Contract Disputes.
• Equitable Claims.
• Class Action Suits.
• Divorce and Family Law Disputes.
• Property Disputes.

Parties include: plaintiff (person filing suit), defendant (person sued or charged with a crime), petitioner (files a petition asking for a court ruling), respondent (usually in opposition to a petition or an appeal), cross-complainant (a defendant who sues someone else in the same lawsuit), or cross-defendant (a …

In cases with a jury, the judge is responsible for insuring that the law is followed, and the jury determines the facts. In cases without a jury, the judge also is the finder of fact. A judge is an elected or appointed official who conducts court proceedings.

Court cases that involve disputes between people or businesses over money or some injury to personal rights are called “civil” cases. A civil case usually begins when one person or business (called the “plaintiff”) claims to have been harmed by the actions of another person or business (called the “defendant”).

Civil cases handle almost all other disputes, and typically aim for some sort of recovery. A criminal case is filed by the government and is led by a prosecuting attorney. A civil case is filed by a private party, typically an individual or corporation, against another individual or corporation.

The two most common types of civil cases involve contracts and torts. In deciding cases, courts apply statutes and legal precedent.

Four of the most important types of civil law deal with 1) contracts, 2) property, 3) family relations, and 4) civil wrongs causing physical injury or injury to property (tort).

Examples are murder, assault, theft,and drunken driving. Civil law deals with behavior that constitutes an injury to an individual or other private party, such as a corporation. Examples are defamation (including libel and slander), breach of contract, negligence resulting in injury or death, and property damage.

More specifically, federal courts hear criminal, civil, and bankruptcy cases. And once a case is decided, it can often be appealed.

These are some of the most common types of cases to appear in civil court.

• Contract Disputes. Contract disputes occur when one or more parties who signed a contract cannot or will not fulfill their obligations.
• Property Disputes.
• Torts.
• Class Action Cases.
• Complaints Against the City.

Two kinds of legal cases are civil and criminal cases.

Terms in this set (7)

• The Constitution. supreme body of laws that govern our country.
• Statutory law. written or codified law such as legislative acts, declaring, commanding, or prohibiting something.
• Common or Case Law.
• Civil Law (Private law)
• Criminal Law.
• Equity Law.
• Administrative Law.

Legal issue or issue of law is a legal question which is the foundation of a case. It requires a court’s decision. It can also refer to a point on which the evidence is undisputed, the outcome of which depends on the court’s interpretation of the law.

In the United States, the criminal courts belong to two separate systems — the state and federal. The state courts try defendants charged with state crimes and the federal sys- tem deals with those charged with federal crimes.

the Supreme Court

Lesson Summary The United States has two separate court systems: the federal and the state. The two systems were created due to the U.S. Constitution’s federalism. Federalism means that governmental powers are shared between the federal government and state governments.

Federalism refers to a sharing of powers between the national government and the state governments. The Constitution gives certain powers to the federal government and reserves the rest for the states. Both the federal and state governments need their own court systems to apply and interpret their laws.

Federal court jurisdiction is limited to certain types of cases listed in the U.S. Constitution. For the most part, federal court jurisdictions only hear cases in which the United States is a party, cases involving violations of the Constitution or federal law, crimes on federal land, and bankruptcy cases.

4 kinds

There are four types of courts in India, i.e., Supreme Court, High Court, District Court, and subordinate courts. The seat of the Supreme court is in New Delhi.

The Chief Judicial Magistrate is the head of the criminal courts in a district. In metropolitan areas, there are Metropolitan Magistrates. Articles 124 and 217 of the Constitution of India deal with the appointment of Supreme Court and High Court Judges respectively.

The Supreme Court of India

District and Sessions Court

Plaintiff, the party who brings a legal action or in whose name it is brought—as opposed to the defendant, the party who is being sued. The term corresponds to petitioner in equity and civil law and to libelant in admiralty.

Basically, if you are suing someone then you are the Plaintiff and if you are being sued, you are the Defendant.

Victim: an individual who has suffered direct physical, emotional, or economic harm as a result of the commission of a crime. Defendant: the person accused of committing a crime.

A verdict of not guilty constitutes an acquittal. In other words, to find a defendant not guilty is to acquit. At trial, an acquittal occurs when the jury (or the judge if it’s a judge trial) determines that the prosecution hasn’t proved the defendant guilty beyond a reasonable doubt. (But see Jury Nullification.)

Defendant: a person who has been formally charged with committing a crime; the person accused of a crime. Defense Attorney: the lawyer who represents the defendant in legal proceedings. Victims are usually not required to speak with defense attorneys except in court, but may do so if they choose.

Discovery

• A lay witness — the most common type — is a person who watched certain events and describes what they saw.
• An expert witness is a specialist — someone who is educated in a certain area.
• A character witness is someone who knew the victim, the defendant, or other people involved in the case.

verdict

Here are 16 fruitful, promising areas of law for you to consider.

1. Complex Litigation. This is an area of law that demands a lot of patience and incredible attention to detail.
2. Corporate Law.
3. Tax Law.
4. Intellectual Property.
5. Blockchain.
6. Healthcare.
7. Environmental.
8. Criminal.

Studying law is as hard as you make it. Some people choose to make it very very hard. A skill one (ideally) learns in law school is how to throw out information. That sounds completely backwards to some people, who think law school is about cramming as much information into your head as possible.

Some professionals, such as lawyers, exhibit high average IQ scores (in the 115-130 range), while at the same time scoring lower than the general population on EI (85-95). Nor does emotional intelligence correlate with any particular type of personality.

Not only can a shy person be an attorney, they can be very successful, as long as the individual was smart, resourceful, dedicated, and self-aware of their strengths and weaknesses. A shy person can actually use their unassuming personality to their advantage.

Lawyers and judges Female lawyers and judges are most likely to marry male lawyers and judges. Male lawyers and judges are most likely to marry female lawyers and judges.

The undergraduate programs, which are required as an initial step into getting a legal degree, take about four years to complete. Students can enroll in a law school, which generally requires four years to complete. Then, the next step for the student is to take a Bar exam.

According to the National Association for Law Placement (NALP), only 63% of law graduates from the class of 2015 obtained full time, bar passage required employment. Almost 11% of 2015 graduates were unemployed despite a U.S. unemployment rate of 5%.

Lawyers earn an average yearly salary of $153,010. Wages typically start from $71,057 and go up to $329,483.

In varying amounts, a day for a civil litigator could include researching legal questions, drafting persuasive arguments, preparing for and taking deposition, preparing for trial and negotiating settlements.

In California, the Rules of Professional Conduct govern a lawyer’s ethical duties. The law prohibits lawyers from engaging in dishonesty.

According to a survey of 2,915 U.S. legal professionals, including some who use Clio, the lawyers devote 48 percent of their time on administrative tasks, such as licensing and continuing education, office administration, generating and sending bills, configuring technology and collections.