1. Civil Law vs. Criminal Law
Civil law deals with disputes between individuals or organizations, while criminal law addresses offenses against the state or society.
2. Burden of Proof
In civil cases, the plaintiff must prove their case by a “preponderance of the evidence,” meaning it’s more likely than not that the claim is true.
3. Rights to Legal Representation
The parties in civil cases are allowed to retain private counsel, but are not allowed to state-appointed attorney like in criminal cases.
Also: Read:
- https://swiftlawadvisor.com/20-common-civil-law-cases-and-their-resolutions/
- https://swiftlawadvisor.com/30-frequently-asked-questions-about-civil-law-explained/
- https://swiftlawadvisor.com/40-civil-law-terms-you-must-understand/
4. Statutes of Limitations
The civil claims require filing within a specific time limit. It may vary with the type of case and jurisdiction.
5. Contract Enforcement
The contract can be said to be a legal binding document. Violation can be set for the lawsuit or suitable enforcement remedies.
6. Negligence
To prevail in a negligence action, the plaintiff must show that the defendant owed a duty of care, breached it, and caused injury.
7. Torts
Torts are wrongful acts such as personal injury or defamation which cause harm and can lead to civil liability.
8. Damages
Many civil cases seek to compensate the injured party with monetary damages or other forms of redress.
9. Injunctions
Courts can order injunctions to compel or restrain certain activities, such as stopping a neighbor from building on your property.
10. Alternative Dispute Resolution (ADR)
Mediation and arbitration are other forms of avoiding long court trials.
11. Duty of Care
People and organizations have the duty to act reasonably so as not to cause harm to others; this is the basis of many civil cases.
12. Confidentiality Agreements
Legal agreements often include the confidentiality of settlements or proprietary information.
13. Property Rights
Civil law protects ownership and usage rights over personal and real property.
14. Freedom of Contract
Individuals are free to enter contracts, provided they comply with the law and public policy.
15. Strict Liability
In certain cases (e.g., defective products), a party can be held liable regardless of intent or negligence.
16. Defamation Laws
Speech that harms a person’s reputation can lead to civil liability if it’s proven false and damaging.
17. Divorce and Family Law
Civil law applies to divorce cases, child custody, spousal support, and property distribution.
18. Consumer Protection
Laws against unfair trade practices, fraud, and defective products.
19. Landlord-Tenant Law
Civil law applies to lease agreements, eviction, and rights of landlords and tenants.
20. Workplace Disputes
Civil law addresses employment issues, including discrimination, harassment, and wrongful termination.
21. Privacy Rights
Civil law protects privacy against invasion through the unauthorized use of personal information.
22. Trusts and Estates
Civil law governs wills, estates, and the administration of trusts to distribute property.
23. Class Action Lawsuits
A class of people can bring a lawsuit on behalf of common complaints, such as consumer fraud or environmental damage.
24. Enforcement of Judgments
Winning a lawsuit does not automatically result in payment; mechanisms for enforcement, such as wage garnishments, may be required.
25. Appeals Process
Parties who are not satisfied with a civil court’s judgment may appeal to a higher court under certain circumstances.
