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Civil cases are often tethered to a number of laws from a variety of specific legal areas, which can make them especially complex. Because civil action can include so many variables, it is important to have legal representation with the knowledge and experience to match. At Smith & Little, P.C., our McDonough attorneys focus on areas of law that frequently overlap, which can put our clients at an advantage. Specifically, our attorneys offer skill and valuable knowledge in business law, probate law, and trademark law, on top of our experience as civil litigators. Paired with our collaborative approach to serving clients, we are uniquely able to offer guidance for those seeking or defending themselves against civil action.
To see what we can do for your case, contact us online or call us at (678) 272-8305.
Generally, a civil case is when one party makes a complaint against another party and seeks resolution. There are two types of resolutions these cases typically reach:
- Compensation for damages
- Specific performance
If the method of resolution involves compensation for damages, a court orders the defending party to pay the prosecuting party for the damages they caused. This is a frequent remedy to a civil lawsuit.
In the case of specific performance, a judge decides that compensation is inadequate as a settlement and instead compels the defending party to perform the action or provide the good they had promised. Judges use specific performance most frequently as a resolution to a breach of contract.
While civil lawsuits include certain general aspects such as complaints and resolutions, the specifics of each case are tied to the people involved, their context, and the laws that provide grounds for legal action. Because of this fact, our attorneys collaborate with clients, accounting for their concerns and goals to determine the best course of action together.
Civil Litigation for Businesses
There are times where businesses can settle disputes outside of court through negotiations and other means of conflict resolution. Unfortunately, however, it is frequently necessary for businesses to go before a judge.
So many different aspects of businesses are in constant touch with the law, which means it can be relatively easy for a business to find themselves in a dispute. Below are common types of civil litigation that businesses face.
These types of lawsuits allege that the business itself or an employee at the business has failed to uphold their end of a contract. To be able to seek civil litigation for a breach of contract, however, the contract must be both binding and enforceable.
Contracts in Georgia can be recorded in writing or orally, and to be enforceable, a contract must:
- Detail the terms and conditions of the contract
- Involve parties that are willing and legally able to enter
- Not break any federal or state law
- Be agreed upon by the entering parties
- Include some form of exchange between parties such as the sale and exchange of goods or services
Resolutions to contract breaches can include compensation for damages, specific performance, or recission. We have provided definitions for compensation for damages and specific performance above. As for recission, it means that a court will void the disputed contract, thus relieving the non-breaching party from their formerly contractual duties.
Discrimination and Harassment
Federal and state law ensure that employees cannot face discrimination based on aspects of their identity such as gender, race, sexuality, age, physical or mental ability, religion, veteran status, and nationality. Additionally, federal and state law protect individuals from facing various kinds of harassment, be it anything from inappropriate sexual comments and jokes to bullying. Cases that concern discrimination and harassment in a workplace setting can result in both civil and criminal action, depending on the severity of the case.
A business can be held liable if a patron or employee hurts themselves, is injured by another person, or dies on the business’s premises. It is also the case that if an employee or patron are involved in a car accident with a company car, the business can be held liable for the damages incurred in that accident. A business’s liability for damages often depends on whether the business has collected the correct documentation and waivers, and if they are compliant with safety laws. Without some form of liability insurance or proper legal representation, a liability lawsuit can be costly for a business.
Civil Litigation and Intellectual Property (IP)
If a business or individual has a federally or state registered trademark and someone else uses the exact mark or something similar, they can sue the infringing party. The same is true for service marks, patents, and copyrights. Intellectual property laws are incredibly complex and continue to change as the definitions of intellectual property and our understanding of it grow. One of the best ways to ensure IP is safe or to avoid infringing on someone else’s IP is to consult professional help. Our attorneys at Smith & Little, P.C. can search various IP registries to make sure a business’s name or logo are in the clear, and we can also work to register IP on a state or federal level.
Civil Litigation and Estate Law
The fact is that after a person passes away, no matter how well they might have taken care of their affairs, civil lawsuits can and often do happen. One common dispute a party might make in a probate, for instance, is that the deceased was not in the right state of mind when they drafted and signed their will. In such an instance, the party can seek civil litigation to try and make sure the probate of the deceased’s assets is fair. This is only one example of the many reasons someone might seek a lawsuit for an issue with a will, probate, or other matters of estate law.
Civil action varies widely and can include many areas of law, which is why you need a civil litigation attorney with the experience and know how to meet your case’s needs.
Find out how our civil litigation attorneys in McDonough can help you by contacting us online or calling (678) 272-8305 today.
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