Civil Law
Civil law is a legal system based on written law, usually in the form of a civil code. It is a system of law originating in continental Europe, and is widely used in much of the world.
Key Concepts
- Civil Code: a comprehensive written statement of the civil law of a specific jurisdiction, often outlining procedures and legal remedies for civil suits.
- Tort: a civil wrong that causes harm to a person, such as an injury or property damage, for which legal action can be taken to seek compensation.
- Breach of contract: the failure to perform a contractual obligation, leading to legal action to seek compensation or specific performance.
- Damages: monetary compensation awarded to a person for loss or injury suffered as a result of another's wrongful act or failure to perform a legal duty.
- Statute of Limitations: a law setting a time limit within which legal action can be brought, after which the claim is barred.
Important Information
- Civil law governs private relationships and disputes between individuals or organizations, such as contracts, property ownership, and torts.
- Civil law does not involve criminal offenses, which are prosecuted by the government.
- Civil law often uses a standard of preponderance of the evidence, where the plaintiff must show that it is more likely than not that the defendant was responsible for the harm.
- Civil law cases are often resolved through negotiation, mediation, or arbitration before going to court.
- Civil law remedies can include monetary damages, specific performance, or an injunction ordering the defendant to stop a harmful action.
- Civil law is based on a written legal code, rather than common law or case law, which rely on judicial decisions and precedents.
Takeaways
- Civil law is a legal system based on a comprehensive written legal code.
- It governs private relationships and disputes between individuals or organizations.
- Civil law remedies can include monetary damages, specific performance, or an injunction.
- Civil law cases are often resolved through negotiation, mediation, or arbitration.