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Commonly Asked Questions about United States Civil Procedure

Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. Civil trials concern the judicial resolution of claims by one individual or class against another and are to be distinguished from criminal trials, in which the state prosecutes an individual for violation of criminal law.
What is the major goal of the civil litigation system? The primary purpose of the civil litigation system is to allow ordinary citizens to resolve conflicts that fall below the level of criminal behavior but are still considered wrongful acts under the law.
Civil procedure in the United States consists of rules that govern civil actions in the federal, state, and territorial court systems, and is distinct from the rules that govern criminal actions. Like much of American law, civil procedure is not reserved to the federal government in its Constitution.
The American Rule is a rule in the U.S. justice system that says two opposing sides in a legal matter must pay their own attorney fees, regardless of who wins the case. The rationale of the rule is that a plaintiff should not be deterred from bringing a case to court for fear of prohibitive costs.
Civil law, as a legal system, refers to a popular way of structuring legal systems around broad codes and detailed statutes that determines the rights and obligations of individuals, without any emphasis on the role of precedent, courts, judges, and juries as in common law countries.
The three most common civil cases are tort claims, contract bdocHubes and landlord/tenant issues. Tort Claim - An act committed by one person that causes harm to another. Tort cases can take many different forms, and can relate to a persons personal safety, safety of their property, and financial security.
Civil lawsuits generally proceed through distinct steps: pleadings, discovery, trial, and possibly an appeal. However, parties can halt this process by voluntarily settling at any time. Most cases settle before docHubing trial. Arbitration is sometimes another alternative to a trial.