- Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, 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.
In the common law, civil law is the area of laws and justice that affect 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.
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.
The objectives of civil law are different from 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.
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.
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 increasingly being set aside so there is one coherent body of law rationalized around common principles of law.
Difference from criminal law
In many countries such as the USA and UK, criminal law has to prove that a party is guilty beyond a reasonable doubt when a case is sent to court. Civil law operates differently, as the UK standard is only to prove guilt on the basis of a balance of probability. In civil law cases, the "burden of proof" requires the plaintiff to convince the trier of fact (whether judge or jury) 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.
- Civil code
- Criminal law
- Martial law
- Administrative law
- International law
- Federal Rules of Civil Procedure
- ^ BBC Radio 1: One Life on Civil Law
- ^ Glanville Williams. Learning the Law. Eleventh Edition. Stevens. 1982. pp. 2 and 9 and 10
Wikimedia Foundation. 2010.
См. также в других словарях:
civil law — n often cap C&L 1: Roman law esp. as set forth in the Code of Justinian 2: the body of law developed from Roman law and used in Louisiana, in continental Europe, and in many other countries outside of the English speaking world including esp.… … Law dictionary
civil law — civil law, adj. 1. the body of laws of a state or nation regulating ordinary private matters, as distinct from laws regulating criminal, political, or military matters. 2. Rom. Hist. the body of law proper to the city or state of Rome, as… … Universalium
Civil law — Law Law (l[add]), n. [OE. lawe, laghe, AS. lagu, from the root of E. lie: akin to OS. lag, Icel. l[ o]g, Sw. lag, Dan. lov; cf. L. lex, E. legal. A law is that which is laid, set, or fixed; like statute, fr. L. statuere to make to stand. See… … The Collaborative International Dictionary of English
Civil Law Initiative — (French: Fondation pour le droit continental) is a public utility private institution headquartered in Paris, aiming at development of the civil law system and promotion of legal balance in the world. Legal systems across the world … Wikipedia
civil law — ➔ law * * * civil law UK US noun [U] LAW ► the part of the legal system that deals with people s relationships, property, and business agreements, rather than with criminal activity: »US shareholders are suing the company under civil law for… … Financial and business terms
Civil law — may refer to: Civil law (area), a branch of continental law which is the general part of private law Civil law (common law), a branch of common law dealing with relations between individuals or organizations (as opposed to criminal law) Civil law … Wikipedia
civil law — n. 1. the body of codified law developed from Roman law and still in force in many European and American nations: distinguished from COMMON LAW 2. the body of law that an individual nation or state has established for itself: cf. INTERNATIONAL… … English World dictionary
Civil Law — bezeichnet: den kontinentaleuropäischen Rechtskreis in Abgrenzung zum Common Law, siehe Rechtskreis #Kontinentaleuropäischer Rechtskreis das Privatrecht oder Zivilrecht innerhalb eines Rechtskreises in Abgrenzung zum öffentlichen Recht … Deutsch Wikipedia
Civil law (legal system) — For the article on the area of common law systems dealing with disputes between private parties, see Civil law (common law). Legal Systems of the World Civ … Wikipedia
Civil law notary — 16th century painting of a civil law notary, by Flemish painter Quentin Massys Civil law notaries, or Latin notaries, are lawyers of noncontentious private civil law who draft, take, and record legal instruments for private parties, provide legal … Wikipedia