30 FAQs Civil Law Answered
1. What is civil law?
Civil law deals with disputes between the individual or a group of persons and includes litigation such as breach of contract, property disputes, and personal injuries.
2. Difference between civil and criminal law.
Civil law will deal with dispute resolution between the private parties and criminal law pertains to cases against the state, for instance, theft, assault, and so on.
Also: Read:
- https://swiftlawadvisor.com/20-common-civil-law-cases-and-their-resolutions/
- https://swiftlawadvisor.com/40-civil-law-terms-you-must-understand/
- https://swiftlawadvisor.com/25-key-principles-every-citizen-should-know-about-civil-law/
3. What is a plaintiff?
A plaintiff is one that initiates a lawsuit by filing a complaint in civil court.
4. What is a defendant?
A defendant refers to the person or party being sued in a civil case.
5. What kind of cases fall under civil law?
Cases relating to contract disputes, property issues, family law matters, personal injury claims, and defamation fall under civil law.
6. What is the burden of proof in civil law?
In civil cases, the burden of proof is “preponderance of the evidence,” meaning that the claim is more likely to be true than not.
7. What is a statute of limitations?
The statute of limitations is the time limit within which a lawsuit must be filed; it varies with the type of case and the jurisdiction.
8. Can I represent myself in a civil case?
You may appear pro se in civil court, but often an attorney will be hired to assist in complicated matters.
9. What is mediation?
Mediation is the alternative dispute resolution process by which a neutral third party helps facilitate settlement between parties.
10. What is arbitration?
Arbitration is the process where an arbitrator, independent of the dispute, hears the evidence and issues a binding decision. This can be similar to a private trial.
11. What is a tort?
A tort is a wrong or violation of a right that subjects a person to civil legal liability, such as negligence and defamation.
12. What is a breach of contract?
A breach of contract is the failure of one party to perform a duty owed under an agreement.
13. How is compensation calculated in civil actions?
Compensation or damages is based on the loss suffered, for example, medical expenses, lost wages, and mental anguish.
14. What is specific performance?
Specific performance is a court order to perform the contract rather than paying damages.
15. What is the consequence of ignoring a civil lawsuit?
The court may grant a default judgment in favor of the plaintiff if the defendant does not respond.
16. Are civil cases subject to appeal?
Yes, decisions in civil cases can be appealed to a higher court when there are errors in the trial.
17. What is a class action lawsuit?
A class action lawsuit allows a group of people with similar claims to sue a defendant collectively.
18. What are punitive damages?
Punitive damages are awarded to punish the defendant for particularly egregious behavior and deter similar actions.
19. Can civil and criminal cases overlap?
Yes, some incidents (e.g., assault, fraud) may result in both civil and criminal cases with separate proceedings.
20. How long does it take to settle civil cases?
The time span is very broad, ranging from a few months to several years, depending on the complexity of the case and the availability of the court.
21. What is a settlement?
A settlement is an agreement between parties to settle a dispute without trial.
22. What is injunctive relief?
Injunctive relief is a court order requiring someone to do or stop doing something, such as halting construction.
23. What occurs during a civil trial?
Both parties will argue and present evidence for their cause to a judge or jury, who will then determine the outcome of the case.
24. Who pays the fees for lawyers in civil cases?
Generally, each party pays for their own attorney fees, but in some cases the losing party will be liable for the other person’s attorney fees.
25. Do civil cases have more than two parties?
Yes, civil cases can have more than one plaintiff, defendant, or third party.
26. What is legal discovery?
Discovery is the pre-trial process whereby parties exchange evidence and gather information to build their cases.
27. Can a civil case be reopened?
Generally, once a civil case is resolved, it cannot be reopened unless new evidence emerges or procedural errors are found.
28. What is contributory negligence?
Contributory negligence is a situation where the plaintiff has contributed to his injuries, which can decrease or even remove damages.
29. How are property disputes resolved in civil law?
Property disputes may involve surveys, title reviews, or court orders to resolve ownership or boundary issues.
30. Are civil law decisions public?
Yes, most civil case decisions are part of the public record unless sealed by the court.
