for Teachers for Schools for Enterprise
for Teachers for Schools for Enterprise
Copyright
Course Navigator
Algor Mortis: Definition & CausesNext Lesson 

What is a Civil Court? - Definition & Characteristics

Chapter 1 /  Lesson 19   Transcript
Start Your Free Trial Today

An error occurred trying to load this video.

Try refreshing the page, or contact customer support.

Coming up next: Algor Mortis: Definition & Causes

You're on a roll. Keep up the good work!

Take Quiz Watch Next Lesson
 Replay
Your next lesson will play in 10 seconds
  • 0:01 Civil Courts
  • 0:46 Civil Court Process
  • 2:42 Comparison
  • 4:37 Lesson Summary
Add to Add to Add to

Want to watch this again later?

Log in or sign up to add this lesson to a Custom Course.

Login or Sign up

Timeline
Autoplay
Autoplay

Recommended Lessons and Courses for You

Lesson Transcript
Instructor: Erin Krcatovich

Erin teaches undergraduate and graduate classes in Political Science, Public Policy, and Public Administration and has a PhD in Political Science.

In this lesson, we'll learn about the civil court system in the United States. You'll be able to define civil courts and understand difference s between civil and criminal courts.

Civil Courts

A civil court handles legal disputes that are not crimes. In the United States, all such legal matters are handled by judges, attorneys, and law firms that focus on specific areas of non-criminal law, such as patent law or divorce litigation. In civil cases, there is not a prosecution by the government. Rather, the plaintiff, a person, group, business, institution, or a government body, brings a claim of harm against the defendant, another person or group. Among the many types of civil courts, we include personal injury, medical malpractice, torts, traffic court, bankruptcy, adoption and family court, business issues, and many others.

Civil Court Process

A civil case begins when the plaintiff believes that the defendant has caused some harm. The plaintiff will file an official complaint with the appropriate civil court, which describes the incident, identifies who is responsible, and asks the court for a specific remedy. Notice is given, through a formal summons, to the defendant. The defendant has the chance to respond to the complaint, with a formal answer, where he or she explains the incident from his or her perspective.

Cases move through a lengthy process of pre-trial activity. Indeed, most cases will never go to trial but are resolved earlier. In the pre-trial process, information is gathered through a process called discovery. During discovery, witnesses are interviewed, evidence is collected, and statements are taken. Each side is trying to gather the best case possible. Then, instead of going to a formal trial, many civil cases will go before an arbiter, or mediator. An arbiter or mediator is a court official, sometimes a judge or magistrate, who will assist both sides in coming to a satisfactory resolution of the dispute and assignment of blame outside of a courtroom.

When a case does go to trial, the process resembles a criminal trial. Opening statements are made by the plaintiff, then by the defendant, each side explaining the case from his or her perspective. The plaintiff calls witnesses first, with the opportunity for the defense to cross-examine and present appropriate evidence. When all of the plaintiff's witnesses have been called, the prosecution will rest and give the defense the opportunity to call witnesses, present evidence, and be cross-examined. When both sides have rested their cases, closing statements are offered. The judge will offer instructions to the jury (in jury trials) and, after deliberation, the jury will render a verdict. In bench trials (ones without a jury), the judge will then render a verdict. Finally, the court will compel one or both sides to comply with the decision of the court.

Comparison

There are many important differences between civil and criminal court. Let's learn about the most important distinctions.

To unlock this lesson you must be a Study.com Member.
Create your account

Register for a free trial

Are you a student or a teacher?

Unlock Your Education

See for yourself why 30 million people use Study.com

Become a Study.com member and start learning now.
Become a Member  Back
What teachers are saying about Study.com
Free 5-day trial
Description

Earning College Credit

Did you know… We have over 160 college courses that prepare you to earn credit by exam that is accepted by over 1,500 colleges and universities. You can test out of the first two years of college and save thousands off your degree. Anyone can earn credit-by-exam regardless of age or education level.

To learn more, visit our Earning Credit Page

Transferring credit to the school of your choice

Not sure what college you want to attend yet? Study.com has thousands of articles about every imaginable degree, area of study and career path that can help you find the school that's right for you.

Research Schools, Degrees & Careers

Get the unbiased info you need to find the right school.

Browse Articles By Category

Browse an area of study or degree level.

Recommended Articles
You are viewing lesson Lesson 19 in chapter 1 of the course:

 Back To Course

Intro to Criminal Justice: Help and Review

14 chapters | 533 lessons

Ch 1. Introduction to Crime & Criminology: Help and...
Ch 2. Theories of Crime: Help and...

What is a Civil Court? - Definition & Characteristics Related Study Materials

Create an account to start this course today
Try it free for 5 days!
Create an account

Explore our library of over 75,000 lessons

Browse by subject
Support