Civil Law

Civil law

INTRODUCTION:

A civil case is a legal case involving civil law or private law, which involves disputes between individuals or organizations through which compensation is awarded to the victim. Civil cases are to correct private issues such as breach of contract or other negligence issues.

HOW CIVIL LAW WORKS:

In the first stage of a civil case, the injured person with the help of an advocate files an initial document called a suit, the first pleading in a civil action, stating the cause of action.

The plaintiff’s plaint asks for damages or relief from a defendant, who is alleged to have caused the injury. The plaint outlines the legal and factual reasons why the plaintiff believes the defendant is responsible for his injury.

The clerk of the court then issues a summons to the defendant. The summons provides notice of the lawsuit and a copy of the complaint/plaint.

And after that, the defendant or his advocate has a specified time to either personally appear in court. The defendant is required to file a document referred to as an answer. The answer addresses the facts and the legal claims in the complaint. The answer tells the court which facts in the complaint the defendant agrees with, and those with which he disagrees.

Once the complaint has been answered, it will be filed in court, and advocates for both sides consider proper motions. The plaintiff may file a motion for summary judgment, which says the parties do not disagree about the facts of the case and that those facts make the defendant liable to the plaintiff.

Discovery and Pre-trial

During discovery, the parties exchange information with each other and documents related to the claim in the complaint, and defenses must assert the answer. 

Trial and judgment

At the trial, the plaintiff presents evidence first to a judge either in a bench trial or a group of citizens in a jury. The plaintiff presents evidence, the defendant has an opportunity to present the defense side of the case.

Appeal

The party who loses may file an appeal if they believe the outcome was not legally correct. An appellate court may dismiss the appeal, hear and consider the judgment and reverse it to the trial court, with instruction to correct the errors in the complaint.

CHARACTERISTICS OF CIVIL CASES:

The act is a written code of law. It is a systematic and comprehensive compilation of legal rules.

It deals with the very existence of human beings: death, birth, and legal ties between the individuals such as nationality, marital status

Civil liability is related to the obligation of people to their property as well as the of the state

It deals with the fulfillment of required obligations in contracts and other aspects on which civil law falls.

It deals with the international law whose action takes place where the areas of conflict between legal rules between the countries

Its regulations are systemized in a code.

The Act does not have a process like in criminal law like the discovery of pre-trial search of information conducted by the parties involved in the case.

DIFFERENT CATEGORIES OF CIVIL CASES:

Breach of contract

which involves a set of enforceable agreements that are person fails to complete

Property disputes

which involve ownership and use of property

Family cases

that deal with the family issues

Tort

deals with a situation in which one party claims to have been damaged emotionally or physically by the other means.

DIFFERENCE BETWEEN CIVIL AND CRIMINAL CASES:

The primary source of a civil case is to resolve the dispute and to provide compensation for someone else act or wrong done

Whereas

The primary source of criminal law is to prevent undesirable behavior and punish those who commit an act that is not acceptable in society.

CONCLUSION:

Civil law is related to a private person. There is no punishment provided in the case of civil law. There are only in the terms of compensation when there is a violation of the law.

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