Features of Civil Law
FEATURES OF CIVIL LAW
Meaning and Purpose
- Civil law, also known as private law, governs relationships between individuals and organisations.
- The main focus of civil law is to resolve disputes and provide compensation for someone injured by someone else's act or failure to act.
- It covers a range of issues, including property disputes, family law (such as divorce and custody), and contract law.
Parties Involved
- Parties in a civil law case are called the claimant (the party who brings the claim) and the defendant (the party against whom the claim is brought).
- Both individuals and businesses can be parties in a civil law case.
Standard of Proof
- The standard of proof in civil law is the 'balance of probabilities', meaning it must be more likely than not that the claimant's account of events is true.
- This is lower than the 'beyond reasonable doubt' standard used in criminal law.
- The claimant typically bears the 'burden of proof', meaning it is their responsibility to collect and present enough evidence to convince the court that their account of events is correct.
Types of Remedies
- In civil law, the goal is often to put the claimant back into the position they would have been in if the civil wrong had not occurred.
- Remedies in civil law can include compensation (damages) for loss or harm suffered, specific performance (an order to fulfil a contractual obligation), or an injunction (an order to stop doing something).
- Damages can be compensatory (for actual loss suffered), punitive (to punish the defendant), or nominal (when a legal wrong has occurred, but no real loss has been suffered).
Legal Representation
- Parties in a civil case have the right to be represented by a solicitor or a barrister.
- Legal representation can be costly, though some parties may qualify for legal aid depending on their financial circumstances.
- Some parties may choose to represent themselves, known as 'litigants in person'.
Court Hearings
- Civil law hearings are usually held in public, in a county court or in the High Court, depending on the seriousness and complexity of the case.
- During a hearing, both parties will present their case through their legal representative, offering evidence and testimony to support their respective positions.
- The judge then makes a decision based on the evidence presented, delivering a judgement which sets out the conclusions and the remedies, if any.