The Expert Podcast

Here are some different types of court cases that can be found in a litigation environment. These are all subject to mediation, the rules of the court, and most of these are civil-type cases, but there are also criminal and family law cases.

The first type of case you normally see is what's called a tort claim. A tort is a wrongful act or a damaging act that causes somebody to lose out on something. It could be injury, loss of money, damage to property, or negligence that causes harm. These types of court claims occur when a person or company does some action or inaction that results in you losing out, being injured, damaged, or losing property. Some of these cases involve medical malpractice, car accidents, defamation, negligence, personal injury, or battery. Any of these can cause you damage or harm, and those damages could be immediate, long-term, loss of work, or medical expenses. These are the types of tort claims you normally see in a lawsuit.

Another type of case is a breach of contract. What happens here is if you have an agreement or contractual obligation with somebody and they don't follow through on it, that can also cause damage to the other person. It could prevent them from realizing the results of that arrangement or partnership, such as not having a job completed, not having their bills paid, or not receiving purchased goods or inventory. Breach of contract is not necessarily the same as a tort claim, but it does cause damage to the third party. This may be resolved by paying damages or by suing for specific performance, where you ask the court to force the other party to follow through with their deal, which would have the same result as giving you the money.

Another type of case is an equitable claims case. This usually occurs when the court is asked to level the playing field. For example, there may be something about to happen that could cause damage to somebody, such as a business harming a competitor. A case where there's an equitable claim asks the court to stop that from happening or to reverse what's already happened. Many times, this has to do with a potential loss that has started but is not complete yet, and the court can step in to prevent it from escalating.

Another type of civil case is landlord-tenant cases. In these cases, a property owner may claim that their tenant is not fulfilling their lease, not paying rent, or causing damage. On the other side, the tenant may argue that they don't want to be evicted or may want their security deposit back. These types of cases are often handled in civil court, and some jurisdictions have a separate landlord-tenant docket. It's a specific type of case, but it's still part of the civil system.

You also have family law cases, such as divorce, child support, visitation, and even probate or death in the family cases. These are part of the family law docket in most jurisdictions and are designed to resolve conflicts, usually involving money. For example, in a divorce, how do you distribute the couple's assets? In family law cases, how do you handle child support or spousal maintenance (alimony)? What is the correct amount, and how do you evaluate the assets for distribution? Some cases involve non-monetary results, such as visitation or custody decisions, like where the child will go to school or who will care for them in the off time. These can be resolved by family law cases.

Probate cases are often overlooked, but there’s a lot of conflict in family law cases. Many of these can be resolved through mediation or arbitration, but family law cases, especially probate, can involve strong emotions, particularly when family members are fighting over the distribution of assets after the death of a loved one. If your last remaining parent dies, emotions will already be high, and then you have to decide who gets which assets. Conflicts arise when family members try to take more than they’re entitled to, especially without proper court intervention.

The last type of case you’ll see in many jurisdictions is a criminal case. This is when somebody is charged with a crime, and the deciding factor is guilt or innocence, followed by sentencing. If somebody is arrested for burglary, for example, the court decides whether they committed the crime and if there is enough evidence to prove guilt beyond a reasonable doubt. If convicted, the court determines the penalty or sentence. Many times, criminal cases are resolved through a plea bargain, which is a form of mediation or settlement. However, sometimes the case goes to a jury, and then the judge decides the penalty.

These are the basic types of court cases you'll see. In the next video, we’ll talk about the stages of each type of trial, from pre-trial to verdict and distribution.