civil law Flashcards

1
Q

Meaning of civil law

A

Civil Law is concerned with cases in which there is a dispute between private individuals.

For the purposes of the law, a corporation or a company is considered to be an individual.

The court hears civil cases in order to preserve/restore the rights of individuals and settle the dispute.

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2
Q

Purpose of civil law

A

civil laws are needed to:

  1. Protect your rights - eg right to safety, right to enjoy your property, right to not have your reputation unfairly trashed, right to ensure agreements you make with others are performed
  2. Impose a duty on others not to do anything to cause us harm
  3. Provide a remedy such as compensation in the event of a breach of a civil right
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3
Q

Comparison with criminal law

A

Purpose:
Crim Law = protection of the community as a whole
Civ Law = protection of individuals

Titles of parties involved:
Crim Law = state, acting on behalf of community, prosecutes individuals.
Civ Law = he injured party (plaintiff) sues the wrongdoer (defendant)

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