Civil litigation refers to the process of resolving legal issues/ matters in a court of law. Common issues resolved through the civil litigation process can include disputes or challenges related to marriage, employment, business, and more.
Civil litigation involves private citizens or businesses and not the government. In other words, the parties to a civil action are either private citizens, like you, or businesses but not the government. That said, it’s wise to call a NorthBay lawyer if you have a pending civil action in North Bay.
Parties to a Lawsuit
The parties to a civil lawsuit can include:
- Plaintiffs;
- Defendants;
- Counterclaims, and
- Third-Party Defendants
Plaintiff
A plaintiff refers to the party who files legal action seeking compensation for their loss thanks to the negligence of another party. In simple terms, the plaintiff is an individual or party that brings legal action seeking damages for the loss.
Defendant
The defendant refers to the accused or the party being sued by a plaintiff in a civil lawsuit.
The defendant also refers to the party named by the plaintiff in the complaint document filed in a court of law. The plaintiff can include multiple defendants in the complaint document. Multiple defendants can have separate and independent charges with different liabilities if they’re listed in one complaint document. However, one complaint document can have multiple defendants with similar actions and collective liability.
Counterclaim in Civil Action
A counterclaim refers to a claim brought by the defendant against the plaintiff. For instance, the defendant may allege (counterclaim) that the plaintiff contributed to the sustained loss or harm. The defendant’s counterclaim doesn’t have to be related to the initial claim brought by the defendant.
Third-party Defendant
A third-party defendant refers to any person or party in a civil action who was not named in the initial complaint filed by the defendant. The defendant is the one who claims the third party requesting the court to include them in the lawsuit. A third-party defendant is also known as a co-defendant.
Personal Jurisdiction
Personal jurisdiction refers to the power given to a court of law to adjudicate legal action on a person, business corporation, or other legal entity within its jurisdiction. A court may exercise personal jurisdiction in the following ways:
- Filing a lawsuit; litigants typically submit to the court’s jurisdiction where they file a lawsuit.
- A court can exercise personal jurisdiction over a defendant who is summoned in that state. For instance, a court in California can exercise personal jurisdiction if you’ve been summoned in California.
How Do Courts determine Personal Jurisdiction?
The easiest way to determine jurisdiction is by referring to where a lawsuit has been filed. In simple words, a court obtains personal jurisdiction over litigants once they file legal action. Looking at it differently, the court gains personal jurisdiction over you when you file a case. However, the plaintiff must accept that they’ve allowed the court to exercise personal jurisdiction over them. The acceptance must be in writing and included in the complaint document. The defendant retains the right to contest personal jurisdiction and a court procedure allows the defendant to contest a court’s jurisdiction freely and fairly.
Personal jurisdiction in this case applies to civil cases. In criminal cases, a court can only exercise personal jurisdiction over criminal suspects or offenders in that state. Otherwise, a person who commits a crime in one state and flees to another state should be extradited to answer for their actions in the state where the case was filed.
What is a Court Summon?
A summon refers to the document that notifies defendants that they have pending litigations and further directs them to respond to the claims stated thereon or appear before a court on the stated date.
What is a Complaint?
The complaint is the document used to initiate legal action–it is the document where plaintiffs list or state their grievances including their claims. A complaint must be specific to make it possible for the defendant to respond to the allegations or claims brought by the plaintiff. The components of a complaint can include:
- Identification of the parties to a lawsuit–plaintiff and defendant;
- A specific claim raised against the defendant;
- Court jurisdiction on the subject matter jurisdiction and personal jurisdiction;
- The cause(s) of action against the accused party (defendant)
- Compensation or equitable remedy for loss or damages sustained by the plaintiff.
Meaning of Default in Civil Lawsuits
Default occurs when a defendant fails to live up to their obligation, responding to a claim in this case. Defendants are allowed 30 days to respond or make a counterclaim under state and federal laws.
The above-discussed terms are a few civil actions basics. A legal professional who specializes in civil law can help you understand more about this subject.
