General Civil Law
What is civil law?
Civil law involves disputes between people or organizations as to rights and obligations.
How does civil law differ from criminal law?
Civil law governs private controversies, whereas criminal law governs offenses against the state or public.
What is the purpose of civil law?
To give remedies for wrongs, enforce agreements, and adjust disputes equitably.
Who are the parties in a civil case?
The plaintiff, or the party filing the case; and the defendant, or the party being sued.
Civil Lawsuits
Also read:
- https://prolegalinsights.com/20-essential-questions-about-civil-law-everything-you-need-to-know/
- https://prolegalinsights.com/25-frequently-asked-questions-in-civil-law-and-their-answers/
- https://prolegalinsights.com/30-practical-civil-law-scenarios-answers-to-everyday-legal-concerns/
What is a civil lawsuit?
A judicial process where one party files an action against another to obtain compensation, enforce a right, or seek other redress.
What are the primary steps in a civil lawsuit?
Filing of a complaint, service of summons to the defendant, 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 to be true.
What is the statute of limitations?
The legal time limit within which a lawsuit must be filed, varying by case type and jurisdiction.
What is a settlement?
An agreement between parties to resolve the dispute without going to trial.
What is a default judgment?
A judgment for the plaintiff if the defendant does not answer the suit.
Contracts and Agreements
What is a contract?
A legally enforceable agreement among two or more parties.
What constitutes a contract?
Offer and acceptance, and consideration (something of value), along with mutual intent to be so bound.
What is a breach of contract?
A failure of one or both parties to abide by the agreed terms of the contract.
May verbal contracts be enforced?
Yes, but it is difficult to prove them in court without evidence.
What are remedies for a breach of contract?
Damages (money), specific performance, or cancellation of the contract.
Tort Law
What is tort law?
The branch of civil law dealing with wrongful acts that cause harm to others, resulting in liability.
What are the types of torts?
Negligence, intentional torts (such as assault), and strict liability (such as defective products).
What is negligence?
Failure to exercise reasonable care, causing injury to another.
What are damages in tort?
Compensatory damages (medical expenses, for example), punitive damages (punishment for bad behavior), and nominal damages.
What is defamation?
A false statement that harms someone’s reputation, libel if written, slander if spoken.
Property and Ownership
What is property law?
The area of civil law involving ownership, transfer, and use of property.
What is the difference between real property and personal property?
Real property comprises land and buildings. Personal property, on the other hand, comprises movable items.
What is adverse possession?
The legal principle whereby a person acquires title over land after continuous, open, and exclusive use for a given period.
What is a property lien?
A legal claim over property as collateral for unpaid debts.
What is an easement?
A right for one party to use another’s property for a specific purpose, such as access.
Family Law
What is family law?
The part of civil law that deals with issues such as marriage, divorce, child custody, and spousal support.
What is a prenuptial agreement?
A legal contract that is prepared before marriage which describes how the assets will be divided in case of divorce.
How is child custody determined?
The best interest of the child, taking into account factors such as stability of parents and needs of the child.
What is alimony?
The payment of money one spouse pays to another after divorce.
What is a guardianship?
A legal contract where one individual is entrusted to care for another, usually a minor or disabled adult.
Civil Court and ADR
What are civil courts?
To provide a resolution for disputes, uphold legal rights, and provide remedy.
What are alternative dispute resolution (ADR) methods?
Techniques such as mediation and arbitration which are used in resolving disputes other than in the court.
What is mediation?
A process of a neutral third-party assisting disputing parties to settle on an agreed solution.
What is arbitration?
A process where a neutral arbitrator makes a binding decision to resolve a dispute.
What is small claims court?
A court for resolving minor disputes quickly, usually without the need for lawyers.
Judgments and Remedies
What is a judgment in civil law?
A court’s final decision resolving the dispute and determining remedies.
What are compensatory damages?
Monetary compensation awarded to a plaintiff for actual losses suffered.
What are punitive damages?
Additional damages granted to punish a defendant for outrageous malfeasance.
What is an injunction?
A court order directing a party to do something or refrain from doing something.
What happens if judgment isn’t paid?
The victorious party can coerce the payment of judgment by using liens, wage garnishment, and other legal action.
These FAQs give a general beginner’s summary of civil law.