Civil Litigation

The object of civil law is to redress wrongdoing by seeking compensation or restitution. Unlike criminal matters, the wrongdoer (defendant) is not punished, and only suffers so much harm as is necessary to make good the wrong he or she has done to the victim (plaintiff).

Civil litigation is a broad phrase in the legal system which addresses actions in either state or federal court to seek damages, usually monetary compensation, on behalf of the aggrieved party. Civil litigation can involve family law, divorce, custody, contract matters, real estate matters, probate, juvenile protection, construction litigation, debtor/creditor law, and judgment enforcement. Generally, the legal system refers to anything not pertaining to criminal matters as a civil matter.

Under most circumstances in civil litigation, the victim needs to show (has the burden of proving) that the wrongdoer is 51% or more liable (i.e., responsible) for the damages. This is called the “preponderance of the evidence,” and is a far lower burden of proof than in a criminal case, where the prosecution has to prove a defendant’s guilt “beyond a reasonable doubt.”