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Encyclopedia > Civil case

Civil law has at least three meanings. It may connote an entire legal system, or either of two different bodies of law within a legal system:

  1. a legal system
  2. the set of rules governing relations between persons (either humans or legal personalities such as corporations); here the contrast is public law, especially criminal law;
  3. Secular law, as opposed to canon law or natural law.


Contents

As opposed to criminal law

Unlike criminal law, Civil law regulates relationships amongst persons and organizations. Civil law, in this sense, is usually referring to redress to civil law courts (as opposed to criminal courts) and is often used as a means to resolve disputes involving accidents (torts such as negligence), libel and other intentional torts, contract disputes, the probate of wills, and trusts, and any other private matters that can be resolved between private parties. Violations of civil law are considered to be torts or breaches of contract, rather than crimes. Depending upon the regional government, this field of law contains commercial law and some kinds of administrative law remedies, though sometimes administrative law judges adjudicate penal law violations such as parking tickets and other minor offenses.


Contractual law enforces contracts by allowing a party, whose rights have been violated or breached, to collect damages and penalties from a defendant. Where monetary damages are deemed insufficient, civil courts may offer other remedies; such as forbidding someone to do an act (eg; an injunction) or formally changing someone's legal status (eg; divorce or change of name). Civil lawsuits sometimes occur as a result of criminal action, and such a lawsuit can be successful even when the defendant was found not guilty under criminal law. Some civil lawsuits, such as under the civil provisions of the U.S. federal RICO (Racketeer Influenced and Corrupt Organizations) statutes, allow for a private right of action for damages when someone has suffered due to the violation of certain predicate crimes under federal law (such as wire and mail fraud and other specifically enumerated federal offenses).


See also

As opposed to canon law

Civil law (as opposed to "canon law") is the secular legal system of the national government when there is also a system of ecclesiastical courts governed by a church's laws in the same country. This was the situation in England that repeatedly caused problems between the two legal systems, most famously perhaps the one that led to the murder of Thomas ŕ Becket during the reign of Henry II of England.


Bibliography

  • David, René, and John E. C. Brierley. Major Legal Systems in the World Today: An Introduction to the Comparative Study of Law. 3d ed. London: Stevens, 1985 (ISBN 0420473408).
  • MacQueen, Hector L. "Scots Law and the Road to the New Ius Commune (http://www.ejcl.org/44/art44-1.html)." Electronic Journal of Comparative Law 4, no. 4 (December 2000).



  Results from FactBites:
 
Mitchell Brewer Richardson - Civil Cases (1589 words)
Civil law suits are complex matters that may involve in suit by or against families, individuals or businesses in the State or Federal Courts.
The types of civil cases are as varied as the people who are involved in them and the situations from which they arise, but there are some general types of claims in civil cases which the firm handles.
These civil cases also include suits for breach of contract, insurance coverage disputes, as well as claims involving automobile collisions, car and truck crashes, and other lawsuits for personal injury and wrongful death.
Civil Procedure - dKosopedia (1795 words)
Juries are not used in civil cases in Civil Law countries (which make up most of the world) and are no longer used in the United Kingdom outside of a very select variety of cases (mostly defamation cases and cases alleging wrongful convictions).
Case management is the process of setting deadlines and a trial date in a case, and also, often rules governing motions and discovery which are particular to the case (e.g.
Early on in a case a party to a lawsuit may bring a "motion to dismiss" alleging that the lawsuit would not prevail even if everything in the complaint were true, that the case is filed in the wrong court, or that there is some other technical defect.
  More results at FactBites »


 

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