South Dakota Civil Litigation Lawyers
Under South Dakota's law, civil litigation is a legal process brought by a private or public entity, which is not concerned with criminal activity.
South Dakota civil litigation serves the purpose of providing persons with compensation for legal injustices or wrongs that have been committed against them.
In South Dakota, the major purpose of civil litigation is not punishment or deterrence. Both of those goals are the province of the criminal justice system. Rather, civil litigation in South Dakota is meant to provide the victims of wrongdoing with tangible (usually monetary) redress.
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What Are Common Subjects of Civil Litigation in South Dakota?
South Dakota civil litigation can come up in basically any context. However, some situations are more likely to lead to civil litigation than others:
Personal Injury: Personal injury in South Dakota is probably the issue that most often leads to civil litigation. When someone is physically hurt because of the intentional or negligent conduct of another, they have a right to recover the costs associated with the injury, such as medical expenses, lost wages, etc.
Employment: It's also common for the employment relationship to lead to civil litigation in South Dakota. This relationship can become very combative at times, so this shouldn't come as a surprise. Unlawful practices like racial discrimination, and failing to pay at least minimum wage, are frequent sources of civil litigation in South Dakota.
Family Disputes: In South Dakota, and everywhere else, the family relationship is complicated, to put it mildly. Many arguments and disagreements can arise from family issues. They contain child support, alimony, and division of property acquired during the marriage. These subjects and more can lead to litigation in South Dakota.
Do I Need a South Dakota Civil Litigation Attorney?
South Dakota legal issues leading to civil litigation can appear out of nowhere. The legal contentions involved are never simple, and can occasionally be incomprehensible to a layperson.
Therefore, if you're facing an issue that might lead to civil litigation, it's necessary that you speak with an experienced South Dakota civil litigation attorney.
South Dakota is the 40th U.S. state and has a population of over 800,000 people. Most of South Dakota is rural in character and has retained much of its agricultural foundation. The region is popular for its national parks and monuments. In particular, the iconic monument Mount Rushmore draws many visitors to South Dakota annually. Over time the state has incorporated other industries in its economy like financing and defense spending.
The judicial branch of South Dakota is composed of the state Supreme Court, Circuit Courts, and Magistrate Courts. Most lawyers in South Dakota assist clients through the Circuit Courts, as the Magistrate Court does not hear jury trials. The Circuit Courts have jurisdiction over both criminal and civil claims, and serve as the general trial courts for the state.
South Dakota has a complex body of case law. An influential South Dakota ruling can be found in South Dakota v. Opperman (1976), which defined the "community caretaking" functions of police forces. Under the Opperman ruling, police authorities must engage in "community caretaking", which includes duties like ensuring the safe flow of traffic. The case also discussed search and seizure provisions.
Lawyers in South Dakota represent clients in order to help them defend their interests and help them obtain legal relief. South Dakota lawyers can assist you with legal questions, represent you in a court of law, and help you with legal documents and many other tasks. Attorneys in South Dakota are well-known for their expertise in many areas.