The judiciary in a country is mainly of two types. One that deals with the hearing and judgement of criminal cases regarding murder and assault and the other that deals with civil matters. Civil courts function as a government institution that works on fights between families and entities who cannot come to term regarding a separate issue. Both are typically heard in the same courthouse that tries criminal cases. In many cases, certain cases such as assault may even be tried in both the courts. Here’s a look at five things you need to know about civil laws in India.
Civil cases involve private citizens, enterprises, government institutions, and any firm or individual or even any combination of them. The function of such a court is to figure out the liability of the parties involved and judge whether the injury that has been meted out to them deserves any compensation from the side of the perpetrator. Here’s a look at the major kinds of cases and how the process works as a whole.
A civil law court brings together people and enterprises and then attempts to resolve their issues in a peaceful and orderly fashion. They hand out judgments related to monetary compensation and even have the power to prevent the launch and marketing of certain defective products or services.
All About Class Action Suits
- A class action suit is one wherein different people who have gone through the same ordeal and who have been put through the same suffering or difficulty join together as a group to take action against the firm or individual who has been unfair to them. All of them join forces to take action against the defendant as a group.
- Multidistrict litigation and mass tort litigation are types of class action suit.
- They are usually filed by a group of people who have been put through something due to a product and are commonly filed against vehicles, drugs and even beauty products which malfunction. It is also the preferred option when people suffer due to corporate misconduct or fraud. The most significant advantage they provide is that a large group of people shares the finances involved with respect to legal fees, lawyer fees and so on and hence the total expense of the entire legal process is reduced to a large extent.
- Also, filing individual lawsuits when a large number of people have undergone the same issue becomes impractical on a large scale. Religious discrimination from employees and large scale fund embezzlement are the two main reasons for filing such a lawsuit.
- Make sure you get an experienced lawyer to handle such cases as the legal proceedings are a little different, and hence you will need all the help you can get.
Settlement and Process
- Any individual that the court deems responsible for an action is bound by its decision and will have to comply with the judge’s decision.
- Even if the individual is not directly related to the case, if the court feels that he or she needs to be held responsible for their actions, they might get dragged into the proceedings and might have to dish out some cash as well.
- If the parties agree on a settlement, the judges who are heading the bench will have to hear it out and agree on.
- Otherwise, they will make a judgement which the concerned parties will have to follow.
- Any judgment that deals with money will have to follow a definitive plan and the distribution scheme will be made public to all parties involved.
- Sometimes civil cases can get quite lengthy and complicated and might even end up lasting years.
- Hiring the right lawyer for the job is the most critical decision you will have to make while dealing with such a case.
- Not only do attorneys who handle such cases need knowledge regarding the subject, but they will also have to be thorough with regards to regulations and procedures.
- Always get in touch with an experienced litigation lawyer in your area to make sure you stay on the right track.
- It mainly describes two schools of legal thought with one focusing on peaceful and non-violent solutions to everyday issues and the other deals with the legal system that is used to handle the constitutional framework in countries around the world.
- It covers a wide array of areas as it deals with everything from child custody to injury claims.
- Also, civil law deals with financial issues and matters related to business disagreements.
- Countries all over the world have their own legal framework that deals with such cases and they also have their own set of rules and regulations when it comes to court proceedings and documentation.