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Civil law (common law)

Civil law (common law)

Civil law is a branch of the law.[1] In common law legal systems such as England and Wales, the law of Pakistan and the law of the United States, the term refers to non-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] It is often suggested that civil proceedings are taken 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.[7]

Because some courts have both civil and criminal jurisdiction, civil proceedings cannot be defined as those taken in civil courts.[8] In the United States, the expression "civil courts" is used as a shorthand for "trial courts in civil cases".[9]

In England, 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.[10] 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.[11]

See also

  • Outline of civil law (common law)

  • Civil code

  • Administrative law

  • Federal law

  • Federal Rules of Civil Procedure

References

[1]
Citation Linkopenlibrary.orgGlanville Williams. 7Learning the Law. Eleventh Edition. Stevens. 1982. p. 2.
Sep 30, 2019, 5:30 AM
[2]
Citation Linkopenlibrary.orgW J Stewart and Robert Burgess. Collins Dictionary of Law. HarperCollins Publishers. 1996. ISBN 0 00 470009 0. Page 68. Definition 4 of "civil law".
Sep 30, 2019, 5:30 AM
[3]
Citation Linkopenlibrary.orgGlanville Williams. Learning the Law. Eleventh Edition. Stevens. 1982. pp. 2 and 9 and 10
Sep 30, 2019, 5:30 AM
[4]
Citation Linkopenlibrary.orgCard, Richard. Card, Cross and Jones: Criminal Law. Twelfth Edition. Butterworths. 1992. Paragraph 1.3 at page 1.
Sep 30, 2019, 5:30 AM
[5]
Citation Linkopenlibrary.orgGlanville Williams. Learning the Law. Eleventh Edition. Stevens. 1982. p. 19.
Sep 30, 2019, 5:30 AM
[6]
Citation Linkopenlibrary.orgCard, Richard. Card, Cross and Jones: Criminal Law. Twelfth Edition. Butterworths. 1992. Paragraph 1.2 at page 1.
Sep 30, 2019, 5:30 AM
[7]
Citation Linkopenlibrary.orgOwen Hood Phillips. A First Book of English Law. Fourth Edition. Sweet & Maxwell. 1960. pp 208 & 209.
Sep 30, 2019, 5:30 AM
[8]
Citation Linkopenlibrary.orgOwen Hood Phillips. A First Book of English Law. Fourth Edition. Sweet & Maxwell. 1960. p 208.
Sep 30, 2019, 5:30 AM
[9]
Citation Linkbooks.google.comBaum, Lawrence. American Courts: Process and Policy. Seventh Edition. Cengage Learning. 2012. Chapter 7. p 139.
Sep 30, 2019, 5:30 AM
[10]
Citation Linkbooks.google.comKeane and McKeown. The Modern Law of Evidence. Ninth Edition. Oxford University Press. 2012. ISBN 9780199698325. p 108.
Sep 30, 2019, 5:30 AM
[11]
Citation Linkbooks.google.comHusnu Al Suood. The Maldivian Legal System. Maldives Law Institute. 2014. p 214.
Sep 30, 2019, 5:30 AM
[12]
Citation Linkbooks.google.comp 139
Sep 30, 2019, 5:30 AM
[13]
Citation Linkbooks.google.comp 108
Sep 30, 2019, 5:30 AM
[14]
Citation Linkbooks.google.comp 214
Sep 30, 2019, 5:30 AM
[15]
Citation Linken.wikipedia.orgThe original version of this page is from Wikipedia, you can edit the page right here on Everipedia.Text is available under the Creative Commons Attribution-ShareAlike License.Additional terms may apply.See everipedia.org/everipedia-termsfor further details.Images/media credited individually (click the icon for details).
Sep 30, 2019, 5:30 AM