Thomas Ajava – Civil POC

The civil court system is based on the rule of law. The application of that rule of law to individual cases can be done in one of two ways, through a bench trial or through a jury trial. In this article, we take a look at both.

You have the right to a trial before your peers. This is a statement we all learn in civics class and hold dear to our heart. It is also absolutely true in a criminal case. Why? Because a criminal case involves the state trying to take away your liberty, i.e., put you in jail. Ah, but what about civil lawsuits where the government is not prosecuting the case? Well, things get a bit murkier.

A civil court case can be decided in one of two ways. The first is the classic jury trial. In such a case, the plaintiff is the suing party. The plaintiff tries to prove the elements of some cause of action against the defendant. The defendant then tries to refute one or more elements of the plaintiff’s case. The determination of which party is correct is heard by a jury. If they decide in favor of the plaintiff, they usually are then asked to award monetary damages.

There is a second approach that often happens in civil trials. It is called a bench trial. As the name suggests, the evidence is heard by a judge instead of a jury. In most states, this only occurs when both parties voluntarily agree to have the matter handled in this way. Why would they forgo a jury? There are numerous reasons. The most common is the case involves some complex issue that will be very difficult to explain to a jury much less convince them of who should prevail. A case about whether the exemption language in a liability insurance policy was sufficiently one-sides as to be considered an adhesion contract and void might be one such situation.

So, which should you select if you are involved in a lawsuit? There is no “right” answer. Every situation is different, so speak with your lawyer to ascertain the best choice in your case.

Thomas Ajava writes for MelbourneWrongfulDeathLawyer.com – locate a top Melbourne wrongful death lawyer to make sure those responsible are brought to justice.

If there is one area that confuses people more when it comes to the law, it is the differentiation between common law and statutory law as applied to civil litigation and, really, the legal world as a whole. In this article, we take a stab and explaining the difference in a manner that is actually understandable.

The first place to start is with a definition of each. Ironically, it is also the easiest way to understand the differences. Common law is a collection of legal precedents that are decided by a court. Statutory law is a collection of hard and fast laws that are created by a legislative body and signed into law by an executive branch. A couple of examples can help explain each.

Let’s say I sign a contract with another party to deliver me a certain number of products at a certain price. We get into a dispute. I sue to enforce the agreement. I am in California, the other party is in Arizona, the products are actually made in China and they are stored in a dock warehouse in Seattle, Washington. Where should the litigation be filed? The issue involves a question of jurisdiction. I’m not going to get into the answer, but the ultimate decision will be based on how courts have interpreted multi-state issues through the years. This case will be interpreted using previous published opinions so that there is consistency in the law. This is common law in a nutshell.

Let’s consider a statutory law example. Medical malpractice is a leading personal injury claim. Doctors are complaining about the cost of malpractice insurance, arguing that it is making it nearly impossible to practice medicine. The legislature agrees and passes a law that states any judgment in a medical malpractice case will be capped at a maximum of $750,000. When signed by an executive branch leader [Governor or President], this becomes statutory law and the courts must follow it.

Both types of law are susceptible to review by appellate courts and, eventually, state Supreme Courts or the Federal Supreme Court. If said courts find the laws unconstitutional, they will invalidate them. Of the two, statutory law is successfully challenged the most.

Thomas Ajava is with MinneapolisWrongfulDeathAttorney.com – your online resource for finding a Minneapolis wrongful death attorney to handle your case.

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Civil Litigation – Jury Versus Bench Trials

Civil Litigation – Common Law versus Statutory Law