Best Advocate in Hyderabad (3)

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Best Civil Advocates in Hyderabad
Civil Cases Civil cases involve conflicts
between people or institutions such as
businesses, typically over money.  A civil case
usually begins when one person or business (the
"plaintiff") claims to have been harmed by the
actions of another person or business (the
"defendant") and asks the court for relief by
filing a "complaint" and starting a court case.
 The plaintiff may ask the court to award
"damages" (money to compensate the plaintiff for
any harm suffered), or may ask for an
"injunction" to prevent the defendant from doing
something or to require the defendant to do
something, or may seek a "declaratory judgment"
in which the court determines the parties' rights
under a contract or statute. Eventually, to
resolve the case, the court (by way of a judge or
jury) will determine the facts of the case (in
other words, figure out what really happened) and
will apply the appropriate law to those facts.
 Based on this application of the law to the
facts, the court or jury will decide what legal
consequences ultimately flow from the parties'
actions.
A case also might be resolved by the parties
themselves.  At any time during the course of a
case, the parties can agree to resolve their
disputes and reach a compromise to avoid the
expense of trial or the risk of losing at trial.
Settlement often involves the payment of money
and can even be structured to result in an
enforceable judgment.
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Best Civil Advocates in Hyderabad
Standard Of Proof In A Civil Case  In most
civil cases, the judge or jury has to make a
decision about which side wins based on a
standard called "preponderance of the evidence."
 This means that the winner's side of the story
is more probably true than not true. It does not
mean that one side brought in more evidence than
the other side.  It means that one side's
evidence was more convincing than the other's. In
some cases, the standard for reaching a decision
is "clear and convincing evidence."  This means
that the winner needs to prove that his version
of the facts is highly likely. It is an
intermediate degree of proof, more than
"preponderance of the evidence" but less than the
certainty required to prove an issue "beyond a
reasonable doubt" (the standard in criminal
cases). To learn more, click to visit our Small
Claims section and our Judgments for
Moneysection.
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Best Civil Advocates in Hyderabad
Types Of Cases In Civil Court Civil courts
handle a wide variety of cases involving numerous
legal issues.  Very broadly, civil cases may
involve such things as, for example,
Equitable claims.  An "equitable claim" asks the
court to order a party to take some action or
stop some action.  It may or may not be joined
with a claim for monetary damages.  Cases where a
party is seeking a temporary restraining order or
injunction to stop something (perhaps the
destruction of property, the improper transfer of
land, the solicitation of a business' customers)
are examples.
Tort claims.  A "tort" is a wrongful act
(sometimes called a "tortious" act), other than a
breach of contract, that results in injury to
someone's person, property, reputation, or the
like, for which the injured person is entitled to
compensation.  Cases involving claims for such
things as personal injury, battery, negligence,
defamation, medical malpractice, fraud, and many
others, are all examples.
Landlord/tenant issues.  Civil courts handle
disputes arising between landlords and tenants. 
Cases where a landlord is trying to evict a
tenant from a rental property or a tenant has
moved out and is suing a landlord for the return
of a security deposit are examples.
Breach of contract claims.  A breach of contract
case typically results from a person's failure to
perform some term of a contract, whether the
contract is written or oral, without some
legitimate legal excuse. Cases involving claims
for such things as not completing a job, not
paying in full or on time, failing to deliver
goods sold or promised, and many others, are all
examples.
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Best Civil Advocates in Hyderabad
Stages Of A Civil Case
Most civil lawsuits can be divided into the
stages listed below Pre-filing.  During the
pre-filing stage, the dispute arises and the
parties make demands, try to negotiate a
resolution, and prepare for the possibility of a
court action. Initial pleading.  During this
stage, one party files papers (called a
"complaint") to start the court action, and the
other party files some type of response (an
"answer" or maybe a "motion"). Discovery.  During
the discovery stage, both sides exchange
information and learn about the strengths and
weaknesses of the other side's case. Post
discovery/pre-trial.  In this stage, the parties
start preparing for trial they get their
evidence and witnesses in order, they might
engage in some type of settlement conference, and
they may file motions with the court to resolve
the case or limit the issues for trial. Trial. 
During this stage, the case is actually heard by
the judge or a jury (which could last for a
couple of hours or a couple of months, depending
on the complexity of the case) witnesses are
examined, evidence is presented, and the case is
eventually decided and a judgment
entered. Post-trial.  During the post-trial
stage, one or both of the parties might appeal
the judgment that was entered at trial, or the
winning party might try to collect the judgment
that was entered.
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