The Law office of Walter Weiss, JR.

Portland, Oregon

CIVIL LITIGATION

Civil litigation is the area of law which deals with disputes between individuals and/or entities, wherein damages may be awarded to the prevailing party. Examples include personal injuries and property damage.

In this way, civil litigation is contrasted with other forms of disputes, such as criminal law, administrative law and military law. Those other forms all involve some form of governmental body or entity as a party or controller of the process, separate and apart from the judiciary.

Courts provide a forum for deciding disputes involving civil claims in the areas of torts (motor vehicle accidents, negligence, defamation), breach of contract, probate and will/trust contests, real and personal property disputes, and many other various matters involving private parties and entities. Court generally oversee these type of cases under statutes, laws, regulations and other forms of codified legislation. This includes the award of monetary damages to a prevailing party. However, under certain circumstances, the courts will also act in equity, or under the common law principles of fairness and justice. This usually occurs when a party is seeking to enjoin another party from certain conduct, resulting in an injunction or other form of declaratory relief. Both statutory and equitable remedies are available in a civil court.

Irrespective of the nature of the relief being sought, the overall process of civil litigation, and the function of the courts, is to attempt to settle the dispute, whether through enforcing the terms of an agreement in a contract case, or awarding compensation to a victim of negligence.

Mr. Weiss has handled numerous civil cases. He is experienced in all phases of civil litigation, from initial review of the claim, to pursuit of the case through trial to the court or a jury. In many cases, the dispute is resolved prior to trial. However, there are those cases where a resolution is simply not possible without the parties having their day in court, and Mr. Weiss understands the need for those matters to be fully litigated. His experience allows him to act as guide for his clients through a complex, and at times, confusing process.

If you have any questions regarding the process of civil litigation, or if you would like to make an appointment to speak with Mr. Weiss, click HERE.

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