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Anyone know what it means by civil action? And what is a bench trial? Thanx

2006-12-24 05:15:29 · 6 answers · asked by sweet_vic02 1 in Politics & Government Law & Ethics

6 answers

Civil action: legal action to protect a private civil right or to compel a civil remedy (as distinguished from criminal prosecution)

2006-12-24 05:17:31 · answer #1 · answered by Anonymous · 0 1

Civil action means it is not a criminal trial. Criminal offenses are things like murder, disorderly conduct, anything against the criminal code. Criminal offenses are commited not just against people but against society itself--- when you commit a murder, you're not just killing the victim but you're hurting the entire neighborhood. Civil matters usually are contract law, landlord/tenant, etc, where the primary damage is monetary and the offense is committed against a person or company.

A bench trial is where your liability/guilt/innocence will be decided by a judge instead of a jury. This is most common when the matter you're being tried on is highly inflamitory and your attorney doesn't think you'll get a fair trial because the jurors will be so upset with the charge that they won't see past that to determine the case on its merits. Also you will see bench trials whenever the case matter is too sophisticated or technical for the average American to keep up with. Your attorney can actually petition for a bench trial in any case but usually the defendant wants a jury to determine guilt/liability and not a judge.

2006-12-24 05:21:45 · answer #2 · answered by dcgirl 7 · 1 0

What Does Civil Action Mean

2016-10-17 03:24:19 · answer #3 · answered by Anonymous · 0 0

Bench trial: without a jury. The judge is the finder of facts.
Civil action: this is what people mean when they say they are going to sue someone. You bring an action in something like torts or contracts (everything from wrongful death to products liabilities to negligence and breach of contract). The question is of the defendant's liability and money damages are awarded, typically, on a finding of liability. Medical malpractice is also a civil action. It's a general term that encompasses almost all lawsuits that are not criminal actions. Happy holidays!

2006-12-24 05:19:46 · answer #4 · answered by Angry Daisy 4 · 0 0

I have heard of civil action as involving a group of people who are protesting something they don't like. In the USA Western Union had a civil action taken against them by the cutomers who felt they were charging absorbent service charges for transfering money overseas. The people verses the company.
A bench trial involves the "bench" which is referred to as the Judge who oversees the situation. In small claims court the "Judge" or the "Bench" makes the decision ...somewhat like "JUDGE JUDY" stuff on Tv.

2006-12-24 05:32:09 · answer #5 · answered by Anonymous · 0 0

Bench trial: No jury; judge makes determination.

2006-12-24 05:18:44 · answer #6 · answered by Judith 6 · 0 0

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