Valeria Publications

Outside of freelance writing, I work as a Judiciary Clerk. And it’s been… interesting, to say the least.

It’s cool to see how a case takes place behind the scenes.

It’s also scary to see how little people understand about the legal process.

We all deal with law in some form or fashion, from a car accident to a lawsuit. And for most of us, it’s the first time that we’ve stepped inside a courtroom.

Do we need to know every specific detail about the law? No. But we should at least know the basics.

The next time you find yourself in a legal situation, remember these 5 simple things about law.

Not Every Case Is Criminal

It’s never a great time to get a summons in the mail. But that doesn’t mean that you’re in serious trouble.

Not every case is a criminal matter. You could be summoned to trial for a speeding ticket, a personal injury accident, or defamation.

These situations are considered civil cases. While civil cases are considered legal matters, the penalties aren’t as serious.

In fact, judgments for civil cases usually result in financial compensation. Criminal cases result in some form of imprisonment.

Interesting Fact:  In the state of Maryland, a serious matter like domestic violence is usually filed as a civil matter. Only when a protective order is violated does it become a criminal matter.

And domestic violence isn’t the only type of incident that can be civil and criminal. Driving under the influence is another crime that can be tried in a civil and criminal court.

The Difference Between Plaintiff and Defendant

Another important thing to remember is the role you play in a case.

When you are filing a claim against someone, you are the plaintiff. If someone is filing a claim against you, you are the defendant.

As the plaintiff, you would be responsible for proving whatever you’re accusing the defendant of doing. For civil cases, this is known as the burden of proof.

If you’re the defendant, on the other hand, you would be responsible for defending yourself against any accusations. Both parties have the right to either represent themselves or be represented by an attorney.

Interesting Fact: Many people assume that the plaintiff has the upper hand in a case. That’s far from the truth.

You may be the defendant in a case, but that doesn’t mean that you don’t have rights. Depending on the type of case, you must be served before appearing in court.

Even if the judgment is against you, you have the right to appeal the decision based on the case.

But before a judgment is issued in a case, you also have the right to present whatever evidence you have to defend yourself, which leads into the next point.

Evidence Is Key

Don’t get me wrong. There are many factors that can affect a legal claim. But one of the most important factors is the evidence presented.

Let’s say that you were involved in a car accident and wanted to sue the other driver. The more evidence that you have, the stronger your case could be.

Some of the types of evidence you could include are:

• Pictures of the scene of the accident
• Statements from witnesses
• Copies of a police report
• The condition of the car before the accident (if possible).

Simply put, the more evidence that you can include, the greater the chances of proving the other person guilty.

Law Is Not A One-Stop Shop

Another important thing to remember is that there are so many players in the legal field.

Some people really do look at law as if it’s football. They think the judge is the quarterback and the lawyers are the rest of the team.

When in reality, there are so many other players involved in the legal process.

You have the paralegals who gather and prepare the necessary documents for attorneys.

Then you have the legal clerks who file the paperwork. You also have the Sheriff’s department who is responsible for serving the other party before the trial.

And just like any other industry, each department must fulfill their duties to keep the case on track.

Let’s say that the Sheriff’s department does not serve the other party before the trial. That could affect the outcome of the case.

It could either be dismissed or rescheduled for another date, affecting both parties and other legal professionals. Which brings me to the final thing to know about law.

A Win Is Not Guaranteed

If you don’t remember anything from this blog post, remember this: nothing in law is guaranteed.

You could bring the best evidence. Your attorney could argue the most compelling case on your behalf. The other person may not even show up to court.

And something could still go wrong.

There are so many factors that can affect the outcome of a case. For whatever reason, the judge may not rule in your favor.

That’s why it’s just best to prepare for the best and expect nothing to go as planned.

In fact, if you’re searching for an attorney, be very wary of attorneys who “guarantee a win” for you. Most of the time, those are attorneys who are looking to take your money and don’t care about your best interest.

Final Thoughts

As you can see, these details aren’t as analytical as you would think when it comes to the legal process.

But they are simple enough to remember the next time you find yourself in another legal situation.

Sometimes, it’s the little things that make all the difference in a case. Keep these basic tips in mind and they will make the legal process a little easier for you.

Share your thoughts in the comment section below.