The Need For Civil Law Flashcards
Civil law
Civil law deals with disputes between two individuals or groups where an individual’s or group’s rights have been infringed. Governments and companies can also be a party to a civil case, either as the party that has been wronged or as the party that is in the wrong. Examples of the types of disputes that arise include:
• a person making an incorrect statement that damages another person’s reputation
• a person carelessly causing harm to another person
• a family dispute
• a person not fulfilling a promise or obligation made under a contract.
What is civil law used to do
Civil law protects the rights of individuals by providing a means for returning the wronged person to the position they were in before the wrong was done. This is done through civil remedies, the most common of which is monetary compensation paid by the party in the wrong to the party whose rights have been infringed.
How are civil court proceedings started
When people believe their rights have been infringed, they can sue the person who has infringed their rights under civil law. This means they start court proceedings.
Why do we need civil law and what does it provide?
Civil laws protect the rights of individuals. If an individual’s rights are infringed, such as when someone is negligent towards them, they can take the matter to court to ask for compensation as a way of righting the wrong. If there were no opportunity for individuals to take action in court against people who had infringed their rights, some individuals would be exploited by others and it would be survival of the fittest. For example, toy manufacturers could make toys using the cheapest materials without concern for the safety of the children playing with them, people could be made to work in unsafe conditions, and doctors could be careless when dealing with patients.
Civil law therefore provides guidelines for acceptable behaviour in many situations where individuals interact. These laws are enforceable through the courts and tribunals.
Plaintiff
The wronged person bringing the matter to court is called the plaintiff.
Defendant
The wronged person bringing the matter to court is called the plaintiff. The party alleged to be in the wrong is called the defendant.
Remedy, damages, injunction
The plaintiff will sue the defendant in court or in a tribunal, seeking a remedy. A remedy is aimed at returning the plaintiff to his or her position before the wrong occurred. Types of remedies include damages, which is a sum of money paid by the defendant to the plaintiff for loss or injury caused to the plaintiff, or an injunction, which is a court order forcing the defendant to, or preventing the defendant from, doing something.
Burden and standard of proof
The plaintiff has the burden of proving that the defendant is in the wrong. The standard of proof is on the balance of probabilities; that is, according to which side of the story is most probably correct. This is a less stringent standard of proof than in a criminal case. In a criminal case the accused has to be proved guilty beyond reasonable doubt.
Who can enforce civil law
Civil law can be enforced through courts, tribunals and alternative dispute resolution methods such as mediation, conciliation and arbitration.
Compare and contrast criminal and civil law
In both criminal and civil law, there are 2 parties, one party brings the case forward to court, in criminal cases this is the prosecution who represent the crown and in civil cases this is the plaintiff which is any group or individual who believes they have had their rights infringed upon by another individual or group. In criminal cases, the other party is the accused who has been alleged by police to have committed a crime, in civil cases it is the defendant who is defending themselves against the claims made against them by the plaintiff. Both criminal and civil cases have a standard of proof, in criminal cases the standard of proof is beyond reasonable doubt and in civil cases the standard of proof is on the balance of probabilities. The accused/defendant can both faces consequences, in criminal cases, consequences are known as sanctions and can include prison, CCOs and fines, in civil cases, consequences are known as civil remedies and include damages or an order of specific performance. Both criminal and civil cases have pre-trial procedures, in criminal cases this involved committal proceedings, releasing the accused on bail or holding them in remand. In civil trials this is pleadings, directions hearings and discoveries. Both criminal and civil cases have instigate actions, in criminal cases this is a summons or a warrant and in civil cases this is suing (sue) .
