How and Where To File Lawsuits for Civil Rights Violation and Discrimination
- Posted by:
- Fri, 11-03-2016
There can be several reasons in case you want to file for a lawsuit. If you believe that your civil rights have been violated and you are discriminated at the work place, then you will have to file a lawsuit, against those who are responsible for any harm that you have suffered. But before you file for a lawsuit, there are certain points you have to keep in mind. You have to think if you need to file a government claim before filing a lawsuit, where you need to file the lawsuit, and what to expect in result.
The civil procedure law in China is defined according to the constitution, based on the experiences and actual conditions of the trial at hand. It also aims to protect the litigation rights of both the parties and ensures that the law is applied correctly. The people’s court has to exercise judicial powers with respect to the civil cases. They can also handle the civil cases independently without any interference from anyone. Want to know how to file a lawsuit in the court of law in China, hire the Chinese Simplified Court Documentation Translation Services.
It is difficult to be familiar with the Chinese language especially for people who do not belong to this region. They can get hold of the Chinese Translation Services to help them out. Let’s check out the basic principles you need to know before filing a lawsuit.
Do You Need To File A Government Claim?
For certain types of civil rights violation, you have to file a complaint with a state agency, before you file complaint in the court of law. For example, for charges that include all types of employment discriminations, the employee can file a complaint with the Equal Employment Opportunity Commission, before filing a private lawsuit and these needs to be done within 180 days of the stated offense. It is only when the EEOC permits you, only then you can file a private lawsuit.
Lawsuits in Federal and State Courts
Once you have decided to file a lawsuit, the first thing you need to think is where to file it either in federal or state court. Totally depending on the specifications of your case, this decision will be on your state laws. If for instance, the federal law authorizes a private lawsuit for an employee who has been a victim of discrimination at his workplace, and you feel that you have been a victim of this, then you can file a lawsuit in the federal court. But depending on where you live, it will make it easier for you to decide which court to exactly file the complaint.
If you have come from another country and are not familiar with the Chinese language, you can take help from the Language Translator Services. Making use of the Chinese Simplified Court Documents Translation Services, can be of great help if you’re confused on where and how to file for a lawsuit.
What to Expect In a Lawsuit
As it is discussed above, a lawsuit for the violation of civil rights can be filed in either the federal or state court of law. In a civil case, the employee files a lawsuit in the court. This complaint sets out all the facts and allegations, just to show that the employer is totally responsible for all the civil rights that have been violated, and for any harm that the employee has suffered. Eventually, if the case goes to trial, the employee has to prove beyond any doubt that the employer is legally responsible for all the damages caused to the employee.
A complete civil case consists of many phases like initial court papers, investigating the case, resolving the case before trial, the complete process of the trial and finally the judge’s verdict. If you have any more questions on this topic, take advantage of the Chinese Simplified Court Documentation Translation Services.