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Types of Civil cases

21st March 2011
By Vikas Gupta in Law
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The law which seeks to resolve non-criminal disputes such as disagreement over the meaning of contracts, property ownership, family disputes namely divorce & child custody etc., and damages for personal and property damage is called civil law. A civil Court is a place where people can solve their problems with people peacefully. The function of Civil Lawyer is to provide a legal remedy to solve problems. In India the civil law and the litigations arising thereof are governed under well settled different provisions, order and rules of Code of Civil Procedure besides various civil laws and enactments with their amendments from time to time passed by the Parliament of India. In most of the civil disputes the litigations were followed under the guided and well settled principle of the Code of Civil Procedure Types of Civil Cases :
In India the litigations and the civil cases includes the following amongst other cases such as : Civil Suits (Recovery, Partition, Injunction, Declaration, Specific Performance etc.) Consumer Cases, Service Laws, Cases under the Companies Act, Labour Laws, Industrial Disputes, Family Laws including laws under the Hindu Laws and marital disputes etc.
In the civil cases our clients often approach us for drafting, settling and finalizing Plaint, Written Statement, Applications, Replication, Reply to the Applications etc. Besides preparation of list of documents, List of reliance, List of witnesses and different types of applications under different provisions of laws. Clients also approach us for filing and representing them before the court laws and often approach for Trial / Evidence works which includes drafting, finalizing and preparing affidavits, examination in chief, cross examination, re examination and examination in the rebuttal. The clients also approach us for arguments in the applications, reply and in the Main case / final arguments.
Divorce, child support, custody and visitation, and division of the marital property.
Disputes over an agreement usually for the payment of money for services or goods.
Personal injury
Action to recover damages (money) for injuries sustained due to someone else’s fault.
Trials vs. Appeals
A trial and an appeal have a few similarities, but also many important differences. At trial, the parties present their cases, calling witnesses for testimony and presenting other pieces of evidence, such as documents, photographs, reports, surveys, diaries, blueprints, etc. The jury weighs this evidence and determines the facts of the case, that is, what they believe actually happened. The judge controls the activities in the courtroom and makes all the legal decisions, such as ruling on motions and on objections raised by the attorneys.
An appeal, however, is heard by several judges at once. How many depends on the jurisdiction. At the initial appeals court level, courts may have from three to a few dozen judges. Yet on the larger courts, the full number of judges seldom hear claims together. Instead, appeals are typically heard by panels, often comprised of three judges.

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