Civil Law (private Law)

Information about Civil Law (private Law)

This article is about civil law within the common law legal system. For other uses, see Civil 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]

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

See also:

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.

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 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.

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.

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.

References

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

• • [ e] Law -
Legal subjects	Constitutional and Administrative law Criminal law Contract Tort Property Trusts and Equity Public international law Conflict of laws Supranational law
Further disciplines	Labour law Human rights Procedure Evidence Immigration law Family law Wills Commercial law Corporate law Intellectual property Unjust enrichment Restitution Tax law Banking law Competition law Consumer protection Environmental law Admiralty law Military law Product liability
Legal systems	Common law Civil law Religious law Socialist law Comparative law
Legal theory	History of law Philosophy of law Economic analysis of law Sociology of law
Legal institutions	Judiciary Legislature Executive Military and Police Bureaucracy Legal profession Civil society

In common law legal systems, the law is created and/or refined by judges: a decision in the case currently pending depends on decisions in previous cases and affects the law to be applied in future cases.
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Civil law may refer to:

Civil law (common law),the area of law in common law countries governing relations between private individuals
Civil law (legal system), a system of law based on the Corpus Juris Civilis prevalent in continental Europe, Central and South America,

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Criminal law
Part of the common law series
Elements of crimes
Actus reus · Causation · Concurrence
Mens rea · Intention (general)
Intention in English law · Recklessness
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LAW may refer to:

Lightweight Anti-tank Weapon, like the M72 LAW (US Army) and the LAW 80 (British Army)
Palestinian Society for the Protection of Human Rights (also known as LAW)
League of American Bicyclists, formerly known as the League of American Wheelmen

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As commonly used, individual refers to a person or to any specific object in a collection. In the 15th century and earlier, and also today within the fields of statistics and metaphysics, individual
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An organization (or organisation — see spelling differences) is a social arrangement which pursues collective goals, which controls its own performance, and which has a boundary separating it from its environment.
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damages refers to the money paid or awarded to a claimant (UK) or plaintiff (US) following a successful claim in a civil action.

Compensatory damages

Compensatory damages are paid to compensate the claimant for loss, injury, or harm suffered by(see requirement of
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worldwide view.

Companies law
Basic forms:
Sole proprietorship
Partnership
(General Limited LLP)
Corporation
Cooperative
United States:
Business trust LLC LLLP
Series LLC
Delaware corporation
Nevada corporation
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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. Typically, statutes command, prohibit, or declare policy.
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Military law is a distinct legal system to which members of armed forces are subject. Most countries have special additional laws, and often a legal system, which are applicable to members of their military but not usually to civilians.
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Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda.
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Constitutional law is the study of foundational or basic laws of nation states and other political organizations. Constitutions are the framework for government and may limit or define the authority and procedure of political bodies to execute new laws and regulations.
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International law can refer to three distinct legal disciplines.

public international law, which involves for instance the United Nations, maritime law, international criminal law and the Geneva conventions.

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Tort law
Part of the common law series
Negligence
Duty of care · Standard of care
Proximate cause · Res ipsa loquitur
Calculus of negligence · Eggshell skull
Negligent emotional distress
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Contract Law
Part of the common law series
Contract
Contract formation
Offer and acceptance · Mailbox rule
Mirror image rule · Invitation to treat
Firm offer · Consideration
Defenses against formation
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The Law of Wills, Trusts and Inheritance
Part of the common law series
Wills
Wills · Holographic will
Joint wills and mutual wills · Will contract
Codicils
Parts of a Will
Attestation clause · Residuary clause
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Property law
Part of the common law series
Acquisition of property
Gift · Adverse possession · Deed
Lost, mislaid, and abandoned property
Alienation · Bailment · License
Estates in land
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worldwide view of the subject.
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Companies law
Basic forms:
Sole proprietorship
Partnership
(General Limited LLP)
Corporation
Cooperative
United States:
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In most common law jurisdictions, the Attorney General or Attorney-General is the main legal advisor to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions.
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Public law is the law governing the relationship between individuals (citizens, companies) and the state. Constitutional law, administrative law and criminal law are sub-divisions of public law.
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O. J. Simpson

Position(s): Running back Jersey #(s):
32
Born: July 9 1947 (age 60)

Career Information
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Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute.
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Crimes

Classes of crime
Infraction · Misdemeanor · Felony
Summary · Indictable · Hybrid

Against the person
Assault · Battery
Extortion · Harassment
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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 to as "natural justice.
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A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure.
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Civil Law (private Law)

Information about Civil Law (private Law)

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

Common Law and Equity

See also

References

Compensatory damages