Civil law
is a major "branch of the law", for example 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
.
[1]
[2]
The law relating to
civil wrongs
and
quasi-contracts
is part of the civil law,
[3]
as is
law of property
(other than property-related crimes, such as
theft
or
vandalism
).
[4]
Civil law may, like
criminal law
, be divided into
substantive law
and
procedural law
.
[5]
The
rights
and
duties
of
persons
(
natural persons
and
legal 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]
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
.
[9]
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.
[1]
[2]
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.
[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 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.
[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, 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
.
[15]
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.
[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]
- ^
a
b
Glanville Williams
.
Learning the Law
. Eleventh Edition. Stevens. 1982. p. 2.
- ^
a
b
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