Just what is civil law?
Disputes between individuals or groups of people are often handled under the civil law system of the law. The “plaintiff” (also known as the “defendant”) often files a complaint against the “defendant” (also known as the “plaintiff”), whom they feel to have harmed them or damaged their property.
Typically, the plaintiff will be seeking some kind of legal remedy, such as monetary compensation for damages or a court order directing the defendant to do something (called an injunction). Between civil and criminal law is a distinction. Civil law cases involve private parties, to start with. Crimes, which are any actions that violate societal norms for safety and well-being, are the focus of criminal laws, in contrast.
As a result, in civil court cases, the plaintiff typically seeks to be made “whole” after suffering a loss of some kind, whereas in criminal court, the defendant is typically subjected to some form of punishment, such as jail time (although civil lawsuits occasionally include elements of punishment). There are many different issues and disagreements that civil lawsuits may encompass, including:
— Contract disputes.
— Personal injury and civil tort claims.
— Conflicts over property, particularly that involving property damage.
— Business and intellectual property claims; and
— A variety of other disputes.
Is a Civil Attorney Really Necessary?
Claims and litigation based on civil law can be intricate. To prevent being found in contempt of court or to ensure the success of the litigation, there may be a number of procedural intricacies that must be observed in each given civil action. The actual legal text itself can be complicated in addition to the procedural requirements. Because of this, it could be required to consult with a civil lawyer, who can assist with the case’s details such filing a motion.
The following are some typical procedural and technical issues civil attorneys deal with:
- the burden of proof in a civil claim, which is “preponderance of the evidence” (as opposed to the “beyond a reasonable doubt” standard of proof, which is a higher standard used in criminal law); the filing of various motions, some of which may be time-sensitive, such as with a pre-trial motion; the satisfaction of the burden of proof in a civil claim, which is “preponderance of the evidence”.
A position that might occasionally be challenging is one for which civil law attorneys are qualified and trained. Various state and federal laws, several legal theories, and multiple parties can all be present in one civil lawsuit along with other factors. Civil law lawyers may occasionally be granted specialized certification or licensing to practice in a very narrow field of law. Some civil procedural difficulties, such those concerning dormant civil judgments (cases in which the time period for collecting on a judgment has passed), and transferred intent, can be very complicated (cases where the defendant intended to harm one person, but ended up harming another person accidentally). In a civil dispute, self-representation may be an option, but it can also be risky if you don’t know what you’re doing. Consequently, it’s crucial to deal with a legal expert who can guide you through the civil court system and assist you get the desired result and legal redress.
What Kinds of Problems Fall Under Civil Law?
As was already indicated, a wide range of legal concerns and disagreements might be included in civil law proceedings. Usually, these entail injury claims, although they can also involve other kinds of disputes. Civil law difficulties frequently come up in the following situations:
— Civil battery cases and their related civil battery defenses;
— Cases involving property damage;
— Civil assault allegations and civil assault defenses;
— Cases involving different forms of parental accountability, such as those concerning child neglect;
Many civil claims, including incidents of assault and battery and sexual assault, may also have criminal law analogues. Considering this, it is occasionally conceivable to file a civil lawsuit and hold the same perpetrator accountable in a case involving assault or violence. A person may even find it simpler to be sued for damages in a civil court of law if they are first found guilty in a criminal court.
The legal theory of negligence is the one that underlies a plethora of different civil tort claims. Negligence rules apply to many cases involving accidental harm and accidents, including auto collisions. In a civil action, there are typically two types of remedies: monetary damages and equitable remedies. The plaintiff may be awarded monetary damages by the court to help them recoup any financial losses brought on by their accident, such as lost wages, medical bills, and other expenditures.
Injunctions are an example of an equitable remedy where the defendant is ordered by the court to act or cease taking action (such as an injunction to have the defendant keep a certain distance from a victim).
I’m filing a lawsuit; should I get legal assistance?
Numerous types of disagreements can be the subject of civil claims, some of which may be sophisticated both in terms of the legal process and the issues at hand. If you require assistance with any sort of civil law case, you may want to employ a personal injury attorney. In accordance with the rules of your state, your attorney can offer you legal research and can represent you in court.