Civil Law

Most of the cases tried in the federal courts involve civil law. Civil law is concerned with disputes between two or more individuals or between individuals and the government. The person who brings a civilsuit is called the plaintiff. The person against whom the suit is brought is called the defendant. The plaintiff in a civil suit usually seeks damages -an award of money - from the defendant. If the court decides in favor of the plaintiff, the defendant is required to pay a specific sum - the damages - to the plaintiff. Usually the defendant is also required to pay court costs. If the court decides in favor of the defendant, the plaintiff must pay the court costs.

In another type of civil case, the plaintiff sues to have the court order a certain action to be taken. Such a case is described as being a case in equity law. Equity law is a system of rules by which disputes are resolved on the grounds of fairness.

In an equity suit, an action is brought to court in order to prevent certain wrongs from taking place. In an equity case, a plaintiff will ask the court to issue an injunction against the defendant. An injunction is an order by the court that forbids a defendant from taking or continuing a certain action. For example, suppose a company plans to erect a factory next to your home. You believe that the factory would pollute the air with chemical fumes. You take the factory owner to court and argue that you would suffer serious injury to your health if the factory is permitted to be built. If you win this suit in equity, the judge will issue an injunction ordering the company not to build its factory.

In an equity case, the court may also be asked to order a person or persons to do something. An order by a court requiring a specific action to be taken is called a writ of mandamus. Suppose you have a new stereo set that stops operating, but the manufacturer refuses to repair it. Since the set is guaranteed, you take the company to court to force it to put it in good operating order. If the judge decides in your favor, he or she will issue a writ of mandamus ordering the company to repair your set.