Civil lawis a major "branch of the law", for example incommon law legal systemssuch as those inEngland and Walesand in theUnited States,where it stands in contrast tocriminal law.[1][2]The law relating tocivil wrongsandquasi-contractsis part of the civil law,[3]as islaw of property(other than property-related crimes, such astheftorvandalism).[4]Civil law may, likecriminal law,be divided intosubstantive lawandprocedural law.[5]Therightsanddutiesofpersons(natural personsandlegal persons) amongst themselves is the primary concern of civil law.[6][7]The common law is today as fertile a source for theoretical inquiry as it has ever been. Around the English-speaking world, many scholars of law, philosophy, politics, and history study the theoretical foundations and applications of the common law.[8]
Thecommon lawsystem, which originated inmedieval England,is often contrasted with thecivil law legal systemoriginating in France and Italy. Whereas the civil law takes the form of legal codes such as theNapoleonic code,the common law comes from uncodifiedcase lawthat arises as a result of judicial decisions, recognising prior court decisions as legally bindingprecedent.[9]When used in the context of a common law legal system, the termcivil lawmeans that branch of the law not including criminal law.[1][2]
Civil litigation refers tolegal proceedingsundertaken to resolve a dispute rewarding an allegedcivil wrongand seeking redress or payment ofdamages.It includes the process of one party notifying the other that they have a cause for action.[10]It is often suggested that civil litigation proceedings are undertaken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However,exemplary damagesorpunitive damagesmay be awarded in civil proceedings. It was also formerly possible forcommon informersto sue for a penalty in civil proceedings.[11]
Because some courts have both a civil and criminal jurisdiction, civil proceedings cannot be defined as those taken in civil courts.[12]In the United States, the expression "civil courts" is used as a shorthand for "trial courts in civil cases".[13][14] In England and other common-law countries, theburden of proofin civil proceedings is, in general—with a number of exceptions such as committal proceedings forcivil contempt—proof on abalance of probabilities.[15]In civil cases in the law of theMaldives,the burden of proof requires theplaintiffto convince the court of the plaintiff's entitlement to the relief sought. This means that the plaintiff must prove each element of the claim, or cause of action in order to recover.[16]
The cost of pursuing civil litigation has sometimes been highlighted as excessive relative to the scale of the issue to be resolved. Where costs are too high, they can restrict access to justice.[17]
See also
editReferences
edit- ^abGlanville Williams.Learning the Law.Eleventh Edition. Stevens. 1982. p. 2.
- ^abW J Stewart and Robert Burgess.Collins Dictionary of Law.HarperCollins Publishers. 1996.ISBN0 00 470009 0.Page 68. Definition 4 of "civil law".
- ^Glanville Williams.Learning the Law.Eleventh Edition. Stevens. 1982. pp. 2 and 9 and 10
- ^Card, Richard.Card, Cross and Jones: Criminal Law.Twelfth Edition. Butterworths. 1992. Paragraph 1.3 at page 1.
- ^Glanville Williams.Learning the Law.Eleventh Edition. Stevens. 1982. p. 19.
- ^Card, Richard.Card, Cross and Jones: Criminal Law.Twelfth Edition. Butterworths. 1992. Paragraph 1.2 at page 1.
- ^"Civil law definition and meaning".Collins.Retrieved19 July2022.
- ^Edlin, Douglas E. (2007-10-22).Common Law Theory(1 ed.). Cambridge University Press.doi:10.1017/cbo9780511551116.001.ISBN978-0-521-84642-4.
- ^Husa, Jaakko (2016-05-02)."The Future of Legal Families".Oxford Handbook Topics in Law.Vol. 1. Oxford University Press.doi:10.1093/oxfordhb/9780199935352.013.26.ISBN978-0-19-993535-2.
- ^Somji, Q.,What is civil litigation?,Witan Solicitors,published 3 December 2021, accessed 9 December 2023
- ^Owen Hood Phillips,A First Book of English Law,Fourth Edition. Sweet & Maxwell. 1960. pp 208 & 209
- ^Owen Hood Phillips.A First Book of English Law.Fourth Edition. Sweet & Maxwell. 1960. p 208.
- ^Baum, Lawrence. American Courts: Process and Policy. Seventh Edition. Cengage Learning. 2012. Chapter 7.p 139.
- ^Anton, Peter."Law".Retrieved13 August2021.
- ^Keane and McKeown.The Modern Law of Evidence.Ninth Edition. Oxford University Press. 2012.ISBN9780199698325.p 108.
- ^Husnu Al Suood.The Maldivian Legal System.Maldives Law Institute. 2014.p 214.
- ^Jackson, R.(2010),Review of Civil Litigation Costs: Final Report,"Foreword", published by TSO (The Stationery Office), archived on 15 February 2010, accessed 9 December 2023. SeeReview of Civil Litigation Costs