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.
2
Q
Purpose of civil law
A
civil laws are needed to:
- 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
- Impose a duty on others not to do anything to cause us harm
- Provide a remedy such as compensation in the event of a breach of a civil right
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)