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Encyclopedia > Civil law (common law)

Civil law, as opposed to criminal law, refers to that branch of law dealing with disputes between individuals and/or organisations, in which compensation may be awarded to the victim. For instance, if a car crash victim claims damages against the driver for loss or injury sustained in an accident, this will be a civil law case.[1] This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil law has at least three meanings. ... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... For other uses, see Law (disambiguation). ... In metaphysics and statistics, the word individual, while sometimes meaning a person, more typically describes any numerically singular thing. ... Alternative meaning: Organisation (band). ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ...

Contents

Civil Law in contrast to Criminal Law, Martial Law, Administrative Law and International Law

See also: Private law

In the common law, civil law refers to the area of laws, which through incorporation, take on the legal status of individuals. Civil law, in this sense, is usually referred to in comparison to criminal law, which is that body of law involving the state against individuals (including incorporated organizations) where the state relies on the power given it by statutory law. Civil law may also be compared to military law, administrative law and constitutional law (the laws governing the political and law making process), and international law. Where there are legal options for causes of action by individuals within any of these areas of law, it is thereby civil law. To meet Wikipedias quality standards, this article or section may require cleanup. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Incorporation (abbreviated Inc. ... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... Military law is a distinct legal system to which members of armed forces are subject. ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... The French Declaration of the Rights of the Man and of the Citizen, whose principles still have constitutional value Constitutional law is the study of foundational or basic laws of nation states and other political organizations. ... This article or section is in need of attention from an expert on the subject. ...


Civil law courts provide a forum for deciding disputes involving torts (such as accidents, negligence, and libel), contract disputes, the probate of wills, trusts, property disputes, administrative law, commercial law, and any other private matters that involve private parties and organizations including government departments. An action by an individual (or legal equivalent) against the attorney general is a civil matter, but when the state, being represented by the prosecutor for the attorney general, or some other agent for the state, takes action against an individual (or legal equivalent including a government department), this is public law, not civil law. In the common law, a tort is a civil wrong for which the law provides a remedy. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The term trust has several meanings: In sociology, trust is willing acceptance of one persons power to affect another. ... This article or section does not cite any references or sources. ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... Commercial law (sometimes known as business law) is the body of law which governs business and commerce. ... In most common law jurisdictions, the Attorney General is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. ... This article or section does not adequately cite its references or sources. ...


The objectives of civil law is different to other types of law. In civil law there is the attempt to right a wrong, honor an agreement, or settle a dispute. If there is a victim, they get compensation, and the person who is the cause of the wrong pays, this being a civilized form of, or legal alternative to, revenge. If it is an equity matter, there is often a pie for division and it gets allocated by a process of civil law, possibly invoking the doctrines of equity. In public law the objective is usually deterrence, and retribution. The victim, or people secondarily harmed by the wrong, do not get compensated, except with that vague notion called 'closure', and there is no pie for division. The Court of Chancery, London, early 19th century Equity is the name given to the set of legal principles, in countries following the English common law tradition (see English law), which supplement strict rules of law where their application would operate harshly, so as to achieve what is sometimes referred...


An action in criminal law does not necessarily preclude an action in civil law in common law countries, and may provide a mechanism for compensation to the victims of crime. Such a situation occurred when O.J. Simpson was ordered to pay damages for wrongful death after being acquitted of the criminal charge of murder. Orenthal James Simpson (born July 9, 1947), commonly known as O. J. Simpson and also just by his initials O.J. and his nickname The Juice, is a retired American football player who achieved stardom at the collegiate and professional levels. ... Wrongful death is a claim in tort against a person who can be held liable for a death. ...


Common Law and Equity

Civil law in common law countries usually refers to both common law and the law of equity, which while now merged in administration, have different traditions, and have historically operated to different doctrines, although this dualism is being increasingly being set aside so there is one coherent body of law rationalized around common principles of law. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ...


See also

A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. ... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... For other uses, see Martial law (disambiguation). ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... This article or section is in need of attention from an expert on the subject. ...

References

  1. ^ BBC Radio 1: One Life on Civil Law

  Results from FactBites:
 
Joint Common Law/Civil Law Degree Program (360 words)
Applications are considered from students with a civil law degree who wish to attend the Faculty of Law to attain an LL.B. The number of applicants accepted is limited in order to ensure that the size of the class these students will be entering is not significantly altered.
A student who has completed the requirements of a Civil Law Degree at a Canadian law school may obtain an LL.B. from the University of Victoria by successfully completing an aggregate total of 22.5 units (three semesters of full-time study) of courses at the University of Victoria Faculty of Law.
Students in the program must complete, or establish that they have taken the equivalent as part of their civil law degree, any upper year courses that are designated as compulsory.
  More results at FactBites »

 
 

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