What is Civil Litigation? Meaning, Types, and Examples of Civil Rights Cases

Every day, individuals, businesses, and government entities find themselves in disputes that cannot be resolved through simple negotiation. When conflicts escalate, civil litigation provides a legal pathway to seek justice. Unlike criminal cases, which involve government prosecution for violations of law, civil litigation is centered on private disputes where individuals or organizations pursue legal remedies such as financial compensation or court-enforced actions.

Some of the most significant cases in history have involved civil rights issues, shaping laws that protect individuals from discrimination and uphold fundamental freedoms. Therefore, it is important to understand the scope and impact of civil litigation, as it affects both individual rights and the broader legal system.

What is Civil Litigation?

Civil litigation is the legal process by which individuals, businesses, or government entities resolve non-criminal disputes in court. It encompasses cases where a plaintiff alleges harm or legal wrongdoing and seeks remedies such as monetary damages or specific court orders. Governed by procedural rules, civil litigation includes key phases such as pleadings, discovery, trial, and potential appeals.

While criminal cases aim to punish unlawful conduct with penalties like imprisonment, civil cases focus on compensating victims or enforcing legal rights. The burden of proof in civil litigation is a “preponderance of the evidence,” meaning the plaintiff must show their claim is more likely true than not. This differs from criminal cases, which require proof “beyond a reasonable doubt. Additionally, unlike criminal prosecutions initiated by the government, civil cases are typically brought by private individuals or entities seeking resolution through the courts.

Types of Civil Litigation Cases

Civil litigation covers a broad spectrum of legal disputes. Below are the major types of civil cases.

• Contract Disputes: These arise when one party alleges that another has failed to uphold the terms of a legally binding agreement. For example, a business may take legal action against a supplier for failing to deliver goods as contractually obligated, as seen in Enterprise Mfg. Co. v. Oppenheim, 114 Md. 368 (1911). Similarly, an employee may sue their employer for wrongful termination in breach of an employment contract, as illustrated in Toussaint v. Blue Cross & Blue Shield of Michigan (1980).

• Tort Claims: These involve wrongful acts or omissions that cause harm or injury to another person or property, resulting in legal liability. Common types of torts include negligence, defamation, etc. Common torts include negligence, defamation, and intentional infliction of emotional distress. A landmark example is MacPherson v. Buick Motor Co. (1916), where the plaintiff sued the defendant for negligence after sustaining injuries from a defective automobile wheel. 

• Property Disputes: These are disputes over land ownership, boundaries, and usage rights. It often includes matters like trespassing, title disputes, recovery of premises, zoning regulations, and easements. A notable example is Kelo v. City of New London (2005), in which a group of property owners sued the city after it exercised its eminent domain power to seize private homes for economic development.

• Employment or Labor Disputes: This involves disputes between employers and employees regarding workplace rights and obligations, including wrongful termination, discrimination, wage disputes, and harassment. In Dukes v. Wal-Mart Stores (2011), female employees filed a class-action lawsuit alleging systemic gender discrimination in pay and promotions.

• Family Law Cases: These involve legal disputes concerning familial relationships, including divorce, child custody, adoption, and guardianship. A notable case is Palmore v. Sidoti (1984), where the respondent sued for a change in child custody after the petitioner, his ex-wife, remarried an African American man.

• Intellectual Property: This focuses on the protection of trademarks, copyrights, patents, and trade secrets, often involving litigation over infringement and misappropriation. In Apple Inc. v. Samsung Electronics Co. (2011), Apple sued Samsung for patent infringement, alleging that Samsung copied key design elements of the iPhone, including its rounded corners, bezel designs, and software features. 

• Estate and Probate Disputes: These cases involve disputes over wills, trusts, inheritances, and the administration of estates. Such disputes often involve allegations of undue influence, improper execution of a will, or disagreements among heirs. For example, in Re Estate of Howard Hughes (1974), multiple individuals and entities laid claim to the vast estate of billionaire Howard Hughes after his death.

• Admiralty cases: These cases govern legal issues related to shipping, vessel collisions, cargo disputes, and injuries occurring on navigable waters. These cases address matters such as salvage rights, marine insurance, and liability for maritime accidents. For example, in Oceanic Steam Navigation Co. v. Mellor (1914), the owners of the RMS Titanic faced multiple lawsuits for negligence after the ship sank tragically in 1912.

What are Civil Rights Cases?

Unlike human rights, which are inherent and universal, civil rights are granted and enforced by law, evolving through legislation and court rulings. Civil rights litigation seeks to protect individuals from discrimination and ensure equal treatment under the law. These cases often arise when individuals or groups challenge violations of rights guaranteed by the U.S. Constitution or federal statutes. Examples of these rights include:

• The right to vote and participate in the democratic process
• Equal access to education, employment, and public accommodations
• Freedom of speech, assembly, and religious expression
• Protection from discrimination in housing and the workplace
• The right to due process and equal protection under the law

Examples of Civil Rights Litigation Cases

Many landmark cases have shaped civil rights law, establishing precedents that continue to influence the legal system. Here are some key examples:

• Roe v. Wade (1973): The Supreme Court recognized a woman's constitutional right to privacy under the Due Process Clause of the Fourteenth Amendment, which extended to her decision to have an abortion. However, this case has been overturned by Dobbs v. Jackson Women’s Health Organization (2022), which returned abortion regulation to individual states.

• Brown v. Board of Education of Topeka (1954): This case challenged racial segregation in public schools. The Supreme Court unanimously ruled that “separate but equal” educational facilities were inherently unequal, violating the Equal Protection Clause of the Fourteenth Amendment. This ruling served as a spur for the civil rights movement in the nation.

• Heart of Atlanta Motel, Inc. v. United States (1964): The Supreme Court upheld the Civil Rights Act of 1964, affirming that Congress had the authority under the Commerce Clause to prohibit racial discrimination in businesses serving the public. 

• Loving v. Virginia (1967): This case overturned laws that prohibited interracial marriage. The Supreme Court held that Virginia’s anti-miscegenation statutes violated both the Equal Protection and Due Process Clauses of the Fourteenth Amendment, affirming marriage as a fundamental right for all, irrespective of race.

• Obergefell v. Hodges (2015): This case legalized same-sex marriage nationwide. The Supreme Court ruled that state restrictions on same-sex marriage violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment.

Stages of the Civil Litigation Process

Embarking on a civil lawsuit can be challenging, but understanding each stage can illuminate the path to attaining justice. Here is a detailed breakdown of the civil litigation process:

• Pre-Filing Stage: Before a lawsuit begins, both parties may explore alternative options to resolve the dispute without court intervention. This phase may involve negotiations, mediation, or demand letters, outlining grievances and potential legal action if no resolution is reached. If an alternative resolution fails, the plaintiff moves forward by initiating formal legal proceedings.

• Pleadings: A civil case begins when the plaintiff files a complaint and pays the filing fee to the court. This document describes the legal claims, the facts supporting them, and the relief sought, whether monetary damages, injunctive relief, or declaratory judgment. Once filed, the court issues a summons, notifying the defendant of the lawsuit and their obligation to respond.

• Service of Process: The plaintiff serves the defendant with a copy of the complaint and summons 

• Defendant’s Response: Upon being served, the defendant must respond within a specified timeframe by filing either an answer or a motion to dismiss. In an answer, the defendant addresses each allegation, admitting or denying the claims while potentially asserting legal defenses. Alternatively, the defendant may file a motion to dismiss if they believes the lawsuit lacks legal merit. If the defendant fails to respond within the required timeframe, the court may enter a default judgment in favor of the plaintiff.

• Discovery: Discovery is the investigative phase of litigation, where both parties exchange evidence to build their cases. It prevents surprises at trial and ensures both sides have access to relevant information. Common discovery tools include:
  • Interrogatories: Written questions requiring sworn answers.
  • Depositions: Testimony taken under oath outside of court.
  • Requests for Production: Demands for documents or other evidence.
  • Requests for Admissions: Statements the opposing party must admit or deny.
• Pre-Trial Motions and Conferences: Before trial, parties may file motions to address legal issues or even dismiss the case entirely. A motion for summary judgment contends that there are no factual disputes and requests a ruling to be made based solely on the law, without trial. A motion to exclude evidence seeks to prevent certain evidence from being introduced at trial, often due to its irrelevance or prejudicial nature. Additionally, courts may hold pre-trial conferences to encourage settlement and streamline trial proceedings.
• Trial: If settlement attempts fail, the case proceeds to trial before a jury or a judge (bench trial). The process begins with jury selection, where attorneys assess and choose impartial jurors, if applicable. Next, both sides deliver opening statements, outlining their key arguments. During the presentation of evidence, witnesses testify, experts provide opinions, and exhibits are introduced, followed by cross-examination, where attorneys challenge the credibility and validity of the opposing side’s evidence. After all the evidence is presented, attorneys make closing arguments, summarizing their case and persuading the judge or jury. Finally, a verdict is rendered, determining the outcome of the dispute based on the evidence and applicable law.
  In civil cases, the burden of proof rests on the plaintiff, who must establish their case by a preponderance of the evidence.

• Post-Trial Motions and Appeals: The trial verdict is not always the outcome. The losing party may seek further legal recourse by filing a motion for a new trial, arguing that errors or newly discovered evidence warrant reconsideration. Alternatively, they may pursue an appeal, claiming that legal mistakes during the trial affected the verdict. Unlike trials, appeals do not involve new evidence or testimony; instead, appellate courts review whether the law was correctly applied. If significant errors are found, the appellate court may reverse the verdict, order a new trial, or remand the case for further proceedings.
• Enforcement of Judgment: Winning a lawsuit does not always ensure immediate compensation, particularly if the losing party refuses to comply with the judgment. In such cases, the prevailing party may take legal steps to enforce the court’s decision. Common enforcement measures include wage garnishment, where a portion of the defendant’s earnings is deducted to satisfy the judgment; liens on property, which place a legal claim on assets until the debt is paid; and seizure of assets, where the defendant’s property may be sold to cover the awarded amount.

FAQ About Civil Litigation

What Are the Differences Between Civil and Criminal Litigation?

Civil litigation involves disputes between individuals or entities, typically seeking monetary compensation or court-ordered actions. Criminal litigation, on the other hand, involves offenses against the state, with penalties such as fines, probation, or imprisonment. Civil cases require proof by a preponderance of the evidence (more likely than not), whereas criminal cases require proof beyond a reasonable doubt, a much higher standard. Additionally, civil lawsuits are initiated by private parties, while criminal cases are prosecuted by the government.

How Long Does a Civil Lawsuit Take?

The duration of a civil lawsuit depends on its complexity, court schedules, and whether the parties settle or proceed to trial. Simple cases may be resolved within months, while complex litigation can take years. Federal cases often take longer due to procedural requirements. Many civil disputes are resolved through settlement or alternative dispute resolution (ADR) methods, such as mediation or arbitration, which can expedite the process

Can a Civil Case Become a Criminal Case?

Yes, some actions can result in both civil and criminal proceedings. For example, if a person commits fraud, the victim may file a civil lawsuit for damages, while the government may bring criminal charges for the same conduct. Because civil and criminal cases operate independently, a defendant acquitted in a criminal case can still be found liable in a civil lawsuit. For example, O.J. Simpson’s wrongful death case.

What Are the Costs of Filing a Civil Lawsuit?

Filing fees vary by jurisdiction. In federal courts, the standard filing fee is $350, while state court fees range from $50 to several hundred dollars. Additional costs may include attorney fees, expert witness fees, and evidence collection expenses. Some lawyers work on a contingency fee basis, meaning they only get paid if they win the case. Courts may also waive fees for low-income plaintiffs.

What Are Some Famous Civil Litigation Cases?

• Brown v. Board of Education (1954): Declared racial segregation in public schools unconstitutional, overturning the “separate but equal” doctrine.
• Roe v. Wade (1973): Recognized a woman’s constitutional right to abortion under the right to privacy.
  Heart of Atlanta Motel v. United States (1964): Upheld the Civil Rights Act of 1964, prohibiting racial discrimination in public accommodations.
• Loving v. Virginia (1967): Struck down laws banning interracial marriage as unconstitutional.
• Obergefell v. Hodges (2015): Legalized same-sex marriage nationwide.