Civil law (common law)

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Civil law is a major branch of the law in common law legal systems such as England and Wales and 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]

See also

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A class action lawsuit, also known as a class suit, class-action, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action originated in the United States and is still predominantly an American phenomenon, but Canada, as well as several European countries with civil law, have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers.

A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.

Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.

Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure.

In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute.

A lawsuit is a proceeding by one or more parties against one or more parties in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the defendant. A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.

A summons is a legal document issued by a court or by an administrative agency of government for various purposes.

An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process not justified by the underlying legal action. In common law it is classified as a tort distinct from the intentional tort of malicious prosecution. It is a tort that involves misuse of the public right of access to the courts. In the United States it may be described as a legal process being commenced to gain an unfair litigation advantage.

Malicious prosecution is a common law intentional tort. Like the tort of abuse of process, its elements include (1) intentionally instituting and pursuing a legal action that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings.

<span class="mw-page-title-main">Civil Procedure Rules</span> Rules of civil procedure in English and Welsh courts

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Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney for a client, in or out of court.

Glanville Llewelyn Williams was a Welsh legal scholar who was the Rouse Ball Professor of English Law at the University of Cambridge from 1968 to 1978 and the Quain Professor of Jurisprudence at University College, London, from 1945 to 1955. He has been described as Britain's foremost scholar of criminal law.

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Tort reform consists of changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services, and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature.

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References

  1. 1 2 Glanville Williams. Learning the Law . Eleventh Edition. Stevens. 1982. p. 2.
  2. 1 2 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".
  3. ↑ Glanville Williams. Learning the Law. Eleventh Edition. Stevens. 1982. pp. 2 and 9 and 10
  4. ↑ Card, Richard. Card, Cross and Jones: Criminal Law . Twelfth Edition. Butterworths. 1992. Paragraph 1.3 at page 1.
  5. ↑ Glanville Williams. Learning the Law. Eleventh Edition. Stevens. 1982. p. 19.
  6. ↑ Card, Richard. Card, Cross and Jones: Criminal Law. Twelfth Edition. Butterworths. 1992. Paragraph 1.2 at page 1.
  7. ↑ "Civil law definition and meaning". Collins. Retrieved 19 July 2022.
  8. ↑ 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.
  9. ↑ 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.
  10. ↑ Somji, Q., What is civil litigation?, Witan Solicitors, published 3 December 2021, accessed 9 December 2023
  11. ↑ Owen Hood Phillips, A First Book of English Law , Fourth Edition. Sweet & Maxwell. 1960. pp 208 & 209
  12. ↑ Owen Hood Phillips. A First Book of English Law. Fourth Edition. Sweet & Maxwell. 1960. p 208.
  13. ↑ Baum, Lawrence. American Courts: Process and Policy. Seventh Edition. Cengage Learning. 2012. Chapter 7. p 139.
  14. ↑ Anton, Peter. "Law" . Retrieved 13 August 2021.
  15. ↑ Keane and McKeown. The Modern Law of Evidence. Ninth Edition. Oxford University Press. 2012. ISBN   9780199698325. p 108.
  16. ↑ Husnu Al Suood. The Maldivian Legal System. Maldives Law Institute. 2014. p 214.
  17. ↑ 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
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