How Do I Win a Civil Case?
In the United States, there is a civil justice system and a criminal justice system. Cases where a crime has been committed against the people are decided in the criminal justice system. A prosecutor must prove the defendant guilty beyond a reasonable doubt in the criminal justice system and possible penalties equal jail time and fines. In the civil justice system, on the other hand, cases are brought by one individual or company against another individual or company. The usual goal is some type of monetary remedy, but equitable remedies such as an injunction or specific performance may also be sought.
The plaintiff who files a civil lawsuit can win a civil case by proving his or her claim. There are different things that a plaintiff must prove depending upon the type of claim being made. Experienced California litigation lawyers at Brown & Charbonneau, LLP can help clients who believe they have a damage claim and who want to use the civil justice system to obtain a legal remedy. Call today to schedule a consultation to learn more.
How to Win a Civil Case
In order to win a civil case, you must meet your burden of proof. Most people know that the burden of proof in the criminal justice system requires a prosecutor to show beyond a reasonable doubt that the defendant is guilty of doing something wrong. The standard is more relaxed in the civil justice system. Instead, the plaintiff must prove his case by a preponderance of the evidence. Under this standard, a plaintiff can prevail and win a civil case by showing that more likely than not everything he has said is true and he is entitled to a legal remedy.
The exact things that a plaintiff actually has to prove are going to vary depending upon the type of civil lawsuit that has been filed. For example, in a breach of contract claim, the plaintiff would have to show that the defendant failed to fulfill his obligations established by the agreement. The plaintiff would also have to prove he was damaged by the breach and would need to demonstrate the extent of the damages. In an employment discrimination case, on the other hand, the plaintiff would have to prove that some kind of illegal discriminatory behavior occurred and caused harm.
To understand exactly what you need to prove, you need to carefully read and interpret the specific laws that apply to your civil case. You need to make a compelling legal argument, citing to statutes, past court decisions and other laws and regulations. You need to show how and why the defendant breached a legal duty or failed to fulfill a legal obligation and you need to show the consequences of the failure.
There are many different kinds of evidence that can be presented to meet the burden of proof and win a civil case. For example, you can present eyewitness testimony; expert witness testimony; documents and emails; and a variety of types of physical evidence. Our expert Southern California litigation lawyers at Brown & Charbonneau, LLP can help you to investigate the facts and circumstances surrounding your legal dispute and to put together a strong case. Your attorney can also assist in making compelling arguments to a judge or a jury. Call today to learn more. 714-505-3000