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The following section relates to frequently asked questions. Readers are cautioned that every case must be judged on a case by case basis and general answers may or may not apply to a particular fact situation. It is also important to note our disclaimer as it applies to the entire web page and in particular, the frequently asked questions section. Readers are cautioned to discuss with their own attorney any information obtained from this website and in particular, this section on frequently asked questions.
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1) What is the difference between civil and criminal litigation ?
Criminal litigation involves a proceeding where someone has broken a particular law and is being prosecuted by authorities such as a city, county, state or federal government. The conclusion of criminal litigation is generally an acquittal or not guilty verdict for the defendant (person being prosecuted for allegedly violating the law) or a guilty verdict which may result in a fine, imprisonment, probation or any combination of various punishments provided by law.
Civil litigation is a proceeding the where parties are suing to recover money, property or other type of relief from the Court or jury. In this type of case there has been no criminal statute or criminal law violation. The result of civil litigation is an award of money, property or some other type of relief which would not involve imprisonment.
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2) What decides whether a case is tried in federal court or state court ?
This is a very complex question which would require an attorney to review the specific case and explain where the case may be tried. Some cases, by statute (a fancy name for a law) are required to be filed in the federal court. Some cases can be filed in either the federal court or state court depending on the preference of the person filing the lawsuit. In some cases, the person being sued has a right to have the case transferred from the state court to the federal court depending on a number of factors which are too involved to try and answer in the space provided. In order to determine why a case is being tried in the federal or state court, an attorney can look at the case, the facts forming the basis of the lawsuit and should be able to give the client an answer as to why the case is in the federal or state court.
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3) Explain the particular function of the parties who are involved in litigation ?
The
party
referred to as the plaintiff is the person or company who has filed the
lawsuit. The defendant is the
person or company against whom the lawsuit has been filed. Once the lawsuit has been filed, this will bring into play the judge and jury. Some cases are tried by a judge without a jury. These are referred to as non-jury cases. It depends on the particular facts and type of case as to whether a party is entitled to have a jury decide the case. In cases that are tried without a jury, the judge decides the facts of the case and determines the particular law that is applicable to those facts and renders a decision. In cases tried by a jury, it is the function of the jury to decide the facts of the case. These facts are decided by the jury based upon the evidence that is presented to the jury by the attorneys. The
judge in the case will make rulings on questions of law. The judge will
determine what law applies to the
case. The judge will determine
what evidence can be submitted to the jury and the judge instructs the
jury as to what law applies to the facts of their case.
Once
the jury has determined the facts based on the evidence they have heard,
the jury will then apply law as instructed by the judge and the jury will
return a verdict. An example
of all of this in action would be a situation where two cars collide at an
intersection. The
jury has the function of determining which car ran the red light or failed
to yield the right of way. This
will be determined by testimony from witnesses who saw or have relevant
facts pertaining to the collision. [Back]
4) What is a statute of limitations ?
A statute of limitations is a time period which has been set by law which is the time within which a lawsuit must be filed. For example, if the statute of limitations on a particular matter is two years from the date the incident occurs, then the lawsuit must be filed within two years from the date of the incident, otherwise, the case is subject to being thrown out of court. It is generally required that the person being sued raise the objection that the statute of limitations has expired, otherwise, the court generally will not dismiss or throw the case out.
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FAQ Disclaimer
In addition to the general disclaimer contained on the website, readers are specifically cautioned that the laws and procedures of each state can be different and the questions and answers presented herein are of a general nature and should not be acted upon without seeking the advice of an attorney to review your specific case and your specific facts. The questions and answers provided herein are not intended to be legal advice or to be acted upon except with the advice and consultation of your own attorney. The information contained in the question and answer section is not to be construed as legal advice and none of the information on this web page and in particular, the question and answer section, while it is thought to be complete and correct, is guaranteed accurate for the latest information available on any particular question or answer or matter discussed on this web page or in this question and answer section. As also noted in our disclaimer, anyone viewing this web page and in particularly the question and answer section, is cautioned that they should not act upon or rely upon any material contained on this web page, or in the question and answer section, until they have ascertained that it is correct and reliable based upon advice they have obtained from their own attorney.
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Montgomery, Alabama 36106