Civil Law Unit Flashcards
Civil Law Intro
Civil law involves cases where there are private disputes between individuals or parties that cannot be resolved outside the court system. They don’t involve or affect other members of the society as in criminal law.
Torts, contracts, and the law of negligence are integral parts of civil law. There are defined below:
Tort: An act of the legislature declaring, commanding, or prohibiting something; a particular law enacted and established by the will or the legislative department or government
Contracts: An agreement between two or more persons which creates an obligation to do or not to do a particular thing
Negligence: The omission to do something which a reasonable person, guided by those ordinary considerations which regulate human affairs would do, or the doing of something which a reasonable and prudent person would not do.
TYPES OF CIVIL CASES-
Contract
Divorces
Custody
Contested wills and estates
Personal injury
Judgements and Court Remedies
COMPENSATORY DAMAGES- Compensate the victim for actual and future financial losses, and for emotional or physical suffering .
PUNITIVE DAMAGES- in cases of seriously wrong behaviour, a judge may decide to order punitive damages - an amount the defendant pays as punishment.
NOMINAL DAMAGES- may be awarded in cases where the victim was wronged but suffered little or no actual loss or harm; damages are a token amount.
COSTS- A judge may order the losing party to pay the winner’s legal fees and expenses. Costs are based on the court’s schedule or lawyer’s fees, not actual bills, so the award may not cover all the winner’s real costs. The purpose of awarding costs is to compensate the victor for legal expenses of obtaining or defending what was justly theirs.
INJUNCTION- The court orders the defendant to stop doing something that is or may become injurious, or to do something that helps to correct or prevent the wrong. Injunctions are usually issued for a limited time until the matter can be resolved through correct channels.
Tort Law
provides compensation for people who have been injured; or whose property has been damaged by the wrongdoing of others.
Family Law
the legal issues that come up when family relationships begin and end. Marriage, separation, divorce, parenting, support, dividing property, adoption, and family violence — all fall within this area of law.
Contract Law
A contract is a legally binding agreement between two or more persons for a particular purpose.
