20 Essential Questions About Civil Law: Everything You Need to Know

General Civil Law

What is civil law?

Civil law is a body of law that deals with disputes between individuals, organizations, or entities concerning private rights and obligations.

How does civil law differ from criminal law?

Civil law is about the resolution of private disputes, whereas criminal law is about offenses against the state or public.

What are the main branches of civil law?

Also read:

Contract law, tort law, family law, property law, and commercial law.

What is the purpose of civil law?

To redress wrongs, enforce agreements, and ensure that disputes are resolved fairly.

Civil Law Proceedings

What is a civil lawsuit?

A legal action filed by one party (plaintiff) against another (defendant) to resolve a dispute or seek damages.

What are the stages of a civil lawsuit?

Filing a complaint, serving the defendant, pre-trial discovery, trial, and judgment.

What is the burden of proof in civil cases?

The plaintiff must prove their case by a “preponderance of the evidence,” meaning it is more likely than not that the claim is true.

What is a statute of limitations?

The legal time limit within which a lawsuit must be filed, varying by type of case and jurisdiction.

Contracts and Agreements

What is contract law?

A branch of civil law dealing with agreements between parties, ensuring they are enforceable and fair.

What constitutes a valid contract?

An offer, acceptance, consideration something of value is given in exchange and mutual intent to be bound by the agreement.

What if a contract is broken?

A remedy for an injured party includes damages, specific performance, and cancellation.

Tort Law

What is tort law?

This is a category of civil law involving wrongs or injuries from one party against another, with an expectation that some form of compensation will follow.

What are the most typical kinds of torts?

Negligence, intentional torts (for example, assault), and strict liability (for example, defective products).

What is negligence in civil law?

Failure to exercise reasonable care causing injury to another.

What types of damages can be recovered in tort cases?

Compensatory damages for loss; punitive damages for outrageous conduct; nominal damages to establish the right

Family and Property Law

What is family law?

Marriage, divorce, child custody, adoption, and domestic partnership.

What is property law?

The part of civil law that governs ownership, transfer, and use of real and personal property.

What are the modes of holding title to property?

Sole ownership, joint ownership, tenancy in common, and community property.

Dispute Resolution

What are alternative dispute resolution (ADR) methods?

Mediation and arbitration are some of the ADR methods applied in settling disputes without litigation.

What is the role of civil courts?

Hear and resolve cases; enforce laws; and, through judgments and decrees, establish justice.