What Is a Civil Court Trial?
A civil trial is different from a criminal trial in that a criminal trial involves a defendant and a prosecutor, while a civil trial involves a plaintiff and a defendant. A plaintiff is the party that files the lawsuit and the defendant is the party that the lawsuit is filed against. A plaintiff may seek monetary compensation or a non-monetary remedy, such as injunctive relief (a court order that stops a person from doing something).
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Civil Trial
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In a civil lawsuit, the plaintiff will allege that the defendant's actions or failure to fulfill a duty caused damages to the plaintiff. A plaintiff can bring a civil lawsuit to federal or state court; this will depend on whether the lawsuit involves a violation of the U.S. Constitution or a federal or state law.
Civil Trial Process
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At trial, the plaintiff has the opportunity to prove the defendant was at fault and the defendant has the opportunity to present a defense, which may include the presentation of evidence that refutes the plaintiff's claim. A civil trial involves multiple phases, including jury selection, opening statements, testimony, closing arguments, jury instruction and jury deliberation.
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Participants in the Trial
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In addition to the plaintiff and the defendant, the trial will also include several other parties. The judge will preside over the trial and make rulings regarding the law, the jury will listen to the evidence presented and come to a decision at the end of the trial, and a court reporter will keep a record of what is said by the attorneys, the judge, and the witnesses by using a stenographic machine. In civil trial, it is only necessary for the plaintiff to prove that the defendant is legally responsible by a "preponderance of the evidence."
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