What Is Civil Law and Its Types
Civil law is the body of laws that governs disputes between individuals and between individuals and governments. Its main purpose is to provide justice for all parties in the system.
Criminal law, on the other hand, is the body of laws that prosecutes people for breaking laws. It also provides punishments for these violations of the law.
In criminal cases, a person is charged with a crime based on the alleged offense they committed and must face the consequences of that charge, such as fines or time in prison. In contrast, in civil law, a person who has been wronged by another individual can seek compensation for the damages they’ve suffered.
The main difference between civil and criminal law is that in criminal cases, people are accused of committing crimes, while in civil cases they are accused of failing to follow certain rules. For example, failing to shovel the snow off a sidewalk is a civil offense that does not fall under the definition of a crime.
Common types of civil cases include lawsuits and equitable claims.
A lawsuit is a civil case where the plaintiff (the person bringing the suit) files a formal complaint against the defendant. The plaintiff then hires a lawyer to represent them.
Most lawsuits are settled out of court before going to trial, but sometimes they must go to trial and be decided by a judge or jury.
The standard of proof the court uses is called “preponderance of evidence.” In a trial, the jury must find that the plaintiff has more strong evidence than the defendant. A higher standard of proof is used in criminal trials, where a jury must be able to believe that a defendant committed the offense with “beyond a reasonable doubt.”
Some civil cases are also referred to as “class actions,” meaning they involve several different parties who have all been injured by a single event. These cases usually occur when a product is defective or when exposure to a hazardous substance results in many injuries.
Equitable claims are situations where the court orders a party to take action or stop some activity, such as preventing a landlord from evicting a tenant from a rental property. Other examples are seeking a restraining order to prevent a party from doing something, such as selling goods, or soliciting customers for a business.
Landlord/tenant issues are civil cases where a person is suing a landlord for violating the terms of their lease or asking the courts to return a security deposit.
Other civil cases include fraud and wrongful death. These cases are usually argued in state court or federal district court.
A civil law trial involves an inquisitorial process where judges play a big role, overseeing and shaping every part of the trial. These trials are not adversarial, like criminal cases, and a jury is not allowed to consider prior rulings or legal precedents when deciding the case.
Read Complete detilas about — What is Civil law
