25 Frequently Asked Questions in Civil Law and Their Answers

General Civil Law

What is civil law?

Civil law deals with disputes between individuals, organizations, or entities that relate to private rights, such as contracts, property, and torts.

What is the purpose of civil law?

To settle non-criminal disputes, offer remedies, and enforce agreements or obligations.

What are the primary types of civil law cases?

Contract disputes, property disputes, tort claims (for example, personal injury), family law cases, and probate matters.

What is the difference between civil and criminal law?

Civil law governs disputes between private parties, while criminal law deals with offenses against the state or public.

Contracts and Agreements

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What constitutes a contract?

Offer, acceptance, mutual consent, consideration (something of value exchanged), and legality of purpose.

What are the consequences of breach of contract?

The aggrieved party can recover legal remedies such as money damages, specific performance, or even the contract’s rescission.

Can oral agreements be enforced?

Yes, verbal contracts can be enforceable, but proving them in court is often challenging.

What are liquidated damages?

Pre-agreed amounts stated in a contract as compensation in case of a breach.

Tort Law

What is tort law?

A branch of civil law dealing with wrongs or injuries caused by one party to another, leading to legal liability.

What are common types of torts?

Negligence, intentional torts (e.g., assault, defamation), and strict liability (e.g., defective products).

What is negligence in civil law?

 Failure to use reasonable care to prevent harm to another person.

What are compensatory damages?

 Monetary amount awarded to the plaintiff to recompense him for actual loss or injury suffered.

What are punitive damages?

 Extra amounts awarded to punish the defendant for outrageous conduct and to deter future similar conduct.

What is the difference between real and personal property?

Real property includes land and structures, while personal property refers to movable items like vehicles or jewelry.

What is a property lien?

A legal claim on property as collateral for unpaid debts.

What is adverse possession?

A legal principle allowing someone to claim ownership of land after continuous, open, and exclusive use for a certain period.

Family Law

What does family law cover?

Matters such as marriage, divorce, child custody, child support, adoption, and spousal support.

What is a prenuptial agreement?

A legal contract entered into before marriage to outline the division of assets in case of divorce.

How is child custody determined?

Custody is decided based on the child’s best interests, considering factors like parental stability and the child’s needs.

Dispute Resolution

What is alternative dispute resolution (ADR)?

Dispute resolution by alternative methods such as mediation and arbitration.

Mediation and arbitration differ. Mediation is the act of a third party helping two other parties to negotiate their dispute to a reasonable and mutually acceptable solution. Arbitration is a decision taken by a third party that may be binding for the parting parties.

What is a settlement in civil law?

Agreement on settling the dispute outside court.

Civil Lawsuits

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 their claims are true.

What is the statute of limitations?

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