Legal Definitions - civil action

A civil action is a formal legal proceeding initiated in a court to resolve a dispute between two or more parties, typically private individuals or organizations, rather than to prosecute a crime. It begins when one party, known as the plaintiff, files a document called a complaint, outlining their grievances and the relief they seek, against another party, the defendant. The primary goal of a civil action is usually to compensate the injured party for harm suffered, enforce a right, or prevent future harm, often through monetary damages or a court order (such as an injunction or a declaration of legal rights).

This type of lawsuit is distinct from a criminal case, which involves the government prosecuting an individual or entity for breaking a law. In a civil action, the plaintiff must demonstrate how the defendant caused them harm or injury and what specific relief they are seeking from the court.

• Example 1: Personal Injury from a Car Accident

  Imagine Sarah is driving her car and is hit by Mark, who was distracted and ran a red light. Sarah sustains injuries, incurs significant medical bills, and misses several weeks of work. Sarah decides to file a civil action against Mark.

  This illustrates a civil action because Sarah (a private individual) is suing Mark (another private individual) for damages resulting from his alleged negligence, not for a criminal offense. She initiates the case by filing a complaint, and the court's role is to determine if Mark is liable and, if so, what monetary compensation Sarah should receive for her medical expenses, lost wages, and pain and suffering.

• Example 2: Copyright Infringement

  A freelance photographer, Alex, discovers that a large corporation has used one of his copyrighted images in their national advertising campaign without his permission or any payment. Alex believes this unauthorized use has cost him potential licensing fees and damaged his professional reputation.

  Alex files a civil action against the corporation, alleging copyright infringement. This is a civil action because Alex (a private party) is suing a corporation (another private entity) to protect his intellectual property rights and recover financial damages. The lawsuit is not about a crime but about a violation of civil law related to copyright, and it begins with Alex filing a complaint seeking compensation and potentially an injunction to stop further use of his image.

• Example 3: Landlord-Tenant Dispute over Property Conditions

  Tenants in an apartment building have been experiencing persistent and unaddressed maintenance issues, such as a broken heating system in winter and a severe rodent infestation, despite repeated attempts to contact their landlord. They feel their living conditions are uninhabitable and that the landlord has violated their lease agreement and local housing codes.

  The tenants collectively file a civil action against their landlord. This is a civil action because it involves private parties (tenants and landlord) disputing their contractual and statutory rights and obligations. The tenants are not alleging a crime but rather a breach of the lease agreement and housing laws. They initiate the case with a complaint, seeking specific relief from the court, such as an order compelling the landlord to make necessary repairs and potentially requesting a reduction in rent for the period they lived in unacceptable conditions.