Civil law is a major "branch of the law", in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law.Private law, which relates to civil wrongs and quasi-contracts, is part of civil law, as is law of property, excluding property-related crimes, such as theft or vandalism. Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. 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.
The common law system, which originated in medieval England, is often contrasted with the civil law legal system originating in France and Italy. Whereas the civil law takes the form of legal codes such as the Napoleonic code, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent. When used in the context of a common law legal system, the term civil law means that branch of the law not including criminal law.
Civil litigation refers to legal proceedings undertaken to resolve a dispute rewarding an alleged civil wrong and seeking redress or payment of damages. It includes the process of one party notifying the other that they have a cause for action. 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 damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil proceedings.
Because some courts have both a civil and criminal jurisdiction, civil proceedings cannot be defined as those taken in civil courts. In the United States, the expression "civil courts" is used as a shorthand for "trial courts in civil cases". In England and other common-law countries, the burden of proof in civil proceedings is, in general—with a number of exceptions such as committal proceedings for civil contempt—proof on a balance of probabilities. In civil cases in the law of the Maldives, the burden of proof requires the plaintiff to 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.
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.
See also
- Outline of civil law (common law)
- Civil code
- Administrative law
- Federal law
- Federal Rules of Civil Procedure
- Natural law
References
- Glanville Williams. Learning the Law. Eleventh Edition. Stevens. 1982. p. 2.
- W J Stewart and Robert Burgess. Collins Dictionary of Law. HarperCollins Publishers. 1996. ISBN 0 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. Retrieved 19 July 2022.
- Edlin, Douglas E. (2007-10-22). Common Law Theory (1 ed.). Cambridge University Press. doi:10.1017/cbo9780511551116.001. ISBN 978-0-521-84642-4.
- 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. ISBN 978-0-19-993535-2.
- 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". Retrieved 13 August 2021.
- Keane and McKeown. The Modern Law of Evidence. Ninth Edition. Oxford University Press. 2012. ISBN 9780199698325. 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. See Review of Civil Litigation Costs
Civil law is a major branch of the law in common law legal systems such as those in England and Wales and in the United States where it stands in contrast to criminal law Private law which relates to civil wrongs and quasi contracts is part of civil law as is law of property excluding property related crimes such as theft or vandalism Civil law may like criminal law be divided into substantive law and procedural law The rights and duties of persons natural persons and legal persons amongst themselves is the primary concern of civil law 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 The common law system which originated in medieval England is often contrasted with the civil law legal system originating in France and Italy Whereas the civil law takes the form of legal codes such as the Napoleonic code the common law comes from uncodified case law that arises as a result of judicial decisions recognising prior court decisions as legally binding precedent When used in the context of a common law legal system the term civil law means that branch of the law not including criminal law Civil litigation refers to legal proceedings undertaken to resolve a dispute rewarding an alleged civil wrong and seeking redress or payment of damages It includes the process of one party notifying the other that they have a cause for action 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 damages or punitive damages may be awarded in civil proceedings It was also formerly possible for common informers to sue for a penalty in civil proceedings Because some courts have both a civil and criminal jurisdiction civil proceedings cannot be defined as those taken in civil courts In the United States the expression civil courts is used as a shorthand for trial courts in civil cases In England and other common law countries the burden of proof in civil proceedings is in general with a number of exceptions such as committal proceedings for civil contempt proof on a balance of probabilities In civil cases in the law of the Maldives the burden of proof requires the plaintiff to 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 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 See alsoOutline of civil law common law Civil code Administrative law Federal law Federal Rules of Civil Procedure Natural lawReferencesGlanville Williams Learning the Law Eleventh Edition Stevens 1982 p 2 W J Stewart and Robert Burgess Collins Dictionary of Law HarperCollins Publishers 1996 ISBN 0 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 Retrieved 19 July 2022 Edlin Douglas E 2007 10 22 Common Law Theory 1 ed Cambridge University Press doi 10 1017 cbo9780511551116 001 ISBN 978 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 ISBN 978 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 amp Maxwell 1960 pp 208 amp 209 Owen Hood Phillips A First Book of English Law Fourth Edition Sweet amp Maxwell 1960 p 208 Baum Lawrence American Courts Process and Policy Seventh Edition Cengage Learning 2012 Chapter 7 p 139 Anton Peter Law Retrieved 13 August 2021 Keane and McKeown The Modern Law of Evidence Ninth Edition Oxford University Press 2012 ISBN 9780199698325 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 See Review of Civil Litigation Costs
