Please EXPLAIN what is the difference between civil lawsuits and small claims?

Question

please EXPLAIN what is the difference between civil lawsuits and small claims?

Answer 1

Exact differences vary by location. There's usually a maximum amount for small claims of a few thousand dollars. You don't use juries. You don't have to strictly adhere to procedural and evidentiary rules that would occur in "normal" court.



The first filter is usually the amount you're suing for. If it's an amount under, say, $5000, it's probably going to small claims court. Sometimes even if people might normally sue for a larger amount, they'll adjust their claim for the lower amount so it's simpler, they can do it via small claims court, and be done with it. The bigger court and hiring an attorney and following exact procedures and all that might not be worth it if their claim wouldn't be *that* far above the local small claims limit otherwise.

Answer 2

In this respect the legal systems of the UK and USA are the same.



A Civil Law suit is a case at court where two individuals (or corporate bodies) have a disagreement about something, usually a contract. They put their cases before the judge and he decides which of the parties has the stronger case and so who wins, on the "balance of probabilities". The judgement is enforceable by court bailiffs if necessary (the "legal heavy mob").



A Small Claims (or Small Claims Court in the UK) is a civil case where the value of the claim is lower than a pre-set limit. This is currently £3000 in the UK but the exact figure will vary according to the jurisdiction.

Because of the limited value of the claim these cases are relatively simple so the trial is often conducted without legal representatives present (unless it is very contentious) so it is cheap (court fees often less than £100 in UK).



So, a Small Claims is just a simplified sub-set of the Civil Claims procedure. It is cheaper and quicker than the normal "full blown" civil suit but still has the force of the court behind the decision.



Civil Law differs from Criminal Law mainly in two key areas:



Criminals are people who have offended against "the state" so the trial is between "the state" and the defendant. Civil law suits are only between two private parties. You cannot be imprisoned for losing a civil case - but if you do not obey the court's directions (e.g. to "pay up") then you can be imprisoned for "contempt of court".



The standard of proof in a civil case is "on the balance of probabilities"; but in a criminal case it is "beyond all reasonable doubt", which is much tougher. That is why people who have been acquitted in a criminal trial can still lose an associated civil trial (eg O.J.Simpson). The penalties open if you lose a criminal case are immensely variable - seriously so in some parts of the USA.

Answer 3

A small claims case is a type of civil lawsuit. Civil lawsuits are categorized by the courts depending on the amount of the claim and the type of relief requested. Each state will have its own system for categorizing cases. Small claims cases tend to have informal, expedited procedures where the plaintiff gives up many rights in exchange for quicker, cheaper, and simpler justice.

Answer 4

It's about the amount of money. Under a few thousand, you file papers yourself and don't need a lawyer. Bring in your documents and be polite to the judge. Lawyers get paid for their time and they don't waste time if there isn't much money involved. Damages have to climb over ten thousand before lawyers get interested in it. If you win, they take a third off the top. That's their fee. The last two thirds get trimmed down by filing costs, random fees and things you never even thought of. There are depositions so all those secretaries and typists have to get paid. If you manage to walk away with half of the judgment you did really good. If you lose? You've seen the TV ads. "We don't charge you if we don't win!" Well, that can still leave you thousands in the hole. All those random costs? That's your problem. They never tell you that in the ad.

Answer 5

No difference... there are criminal and non criminal courts [small claims refers to claims that do not exceed £4k or there abouts...





I had a problem with my wedding dress and the trader had to pay me compensation for breach of contract