B) Include parties with a «diversity of citizenship». This means that the parties come from two different states. For this type of civil action to fall within the jurisdiction of the Federal Court, the dollar amount of the loss must exceed $75,000. Civil courts handle a wide range of cases involving many legal issues. More generally, civil cases can include things like the 7th Amendment to the U.S. Constitution, which gives you the right to sue someone for the loss or damage they caused you. This is called a civil action. In a civil action, the person who brings the action against another party is called the plaintiff. The party sued by the plaintiff is called the defendant. While you have the right to sue someone in federal court, not all civil suits are federal matters. See below for civil cases that may be heard in Federal Court. The legal system is divided into two areas: civil law and criminal law.
Separate courts regulate (control) these two areas of law. BUT none of these standards is as strict as the norm in criminal cases, which requires the state to prove that the accused is guilty beyond a doubt of the crime of which he is accused. Cases of burglary, assault, assault and murder are examples of criminal law. Civil law applies, for example, to cases of negligence or fault. Specifically, federal courts hear criminal, civil and bankruptcy cases. And once a case is decided, it can often be challenged. Only the government initiates criminal prosecutions, usually through the U.S. Attorney`s Office, in coordination with a law enforcement agency. Allegations of criminal behavior should be referred to local police, FBI, or other appropriate law enforcement agency. Criminal cases involve the application of public codes of conduct codified in state laws.
In criminal cases, the government prosecutes individuals for violating these laws (in other words, allegedly committing a crime). Criminal sanctions may include fines, community service, probation, imprisonment, etc. Courts of first instance hear many types of cases. Overall, cases fall into 1 out of 2 categories: in criminal cases, for example, only the federal or state government (the Public Prosecutor`s Office) can prosecute; Cases are almost always decided by a jury; The punishment for serious (criminal) charges often consists of jail time, but can also include a fine to the government. To obtain a conviction, the prosecution must establish the guilt of the accused «beyond a reasonable doubt»; and defendants are protected from any conduct by police or prosecutors that violates their constitutional rights, including the right to inappropriate search and seizure (Fourth Amendment) and the right to forced self-incrimination (Fifth Amendment). To resolve the case, the court (through a judge or jury) will eventually establish the facts of the case (in other words, find out what really happened) and apply the appropriate law to those facts. On the basis of this application of the law to the facts of the case, the court or jury decides what legal consequences ultimately result from the parties` actions. But not all civil cases follow these steps. Some cases (e.g., summary deportation cases) have unique procedures set out in court regulations or applicable legislation. To learn more about the steps of a particular type of case, you can visit your local law library. Click here to visit our Law Library page to learn more.
In some cases, the benchmark for a decision is «clear and convincing evidence.» This means that to win, you must prove that your version of events is very likely or reasonably certain or «substantially more likely than not.» Civil law In a civil domestic violence action, you ask the court to protect you from the person who abuses you. They are not asking the court to send that person to jail for a crime. However, if the offender violates the civil court order, he or she may be sent to jail for the violation. In civil proceedings, you are the person who initiates the case against the offender and, in most cases, you have the right to withdraw (abandon) the case if you wish. The injunctions in each state referred to in the «Know the Laws» section are governed by the civil law system.