Civil law (common law)

Branch of English common law

This article is about non-criminal law under the common law legal system originating in England. For the legal system originating in France and Italy, see Civil law (legal system). For other uses, see Civil law (disambiguation).

Civil law is a major "branch of the law", in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law.[1][2] Private law, which relates to civil wrongs and quasi-contracts, is part of civil law,[3] as is contract law and law of property (excluding property-related crimes, such as theft or vandalism).[4] Civil law may, like criminal law, be divided into substantive law and procedural law.[5] The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law.[6][7] The common law is today as fertile a source for theoretical inquiry as it has ever been. Around the English-speaking world, many scholars of law, philosophy, politics, and history study the theoretical foundations and applications of the common law.[8] When used in the context of a common law legal system, the term civil law means that branch of the law not including criminal law.[1][2]

The common law system, which originated in medieval England, is often contrasted with the civil law legal system originating in France and Italy. Whereas the civil law takes the form of legal codes such as the Napoleonic code, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent.[9]

Civil litigation refers to legal proceedings undertaken to resolve a dispute rewarding an alleged civil wrong and seeking redress or payment of damages. It includes the process of one party notifying the other that they have a cause for action.[10] It is often suggested that civil litigation proceedings are undertaken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil proceedings.[11]

Because some courts have both a civil and criminal jurisdiction, civil proceedings cannot be defined as those taken in civil courts.[12] In the United States, the expression "civil courts" is used as a shorthand for "trial courts in civil cases".[13][14] In England and other common-law countries, the burden of proof in civil proceedings is, in general—with a number of exceptions such as committal proceedings for civil contempt—proof on a balance of probabilities.[15] In civil cases in the law of the Maldives, the burden of proof requires the plaintiff to convince the court of the plaintiff's entitlement to the relief sought. This means that the plaintiff must prove each element of the claim, or cause of action in order to recover.[16]

The cost of pursuing civil litigation has sometimes been highlighted as excessive relative to the scale of the issue to be resolved. Where costs are too high, they can restrict access to justice.[17]

## See also

[edit]

* Outline of civil law (common law)
* Civil code
* Administrative law
* Federal law
* Federal Rules of Civil Procedure
* Natural law

## References

[edit]

1. ^ a b Glanville Williams. Learning the Law. Eleventh Edition. Stevens. 1982. p. 2.
2. ^ a b W J Stewart and Robert Burgess. Collins Dictionary of Law. HarperCollins Publishers. 1996. ISBN 0 00 470009 0. Page 68. Definition 4 of "civil law".
3. ^ Glanville Williams. Learning the Law. Eleventh Edition. Stevens. 1982. pp. 2 and 9 and 10
4. ^ Card, Richard. Card, Cross and Jones: Criminal Law. Twelfth Edition. Butterworths. 1992. Paragraph 1.3 at page 1.
5. ^ Glanville Williams. Learning the Law. Eleventh Edition. Stevens. 1982. p. 19.
6. ^ Card, Richard. Card, Cross and Jones: Criminal Law. Twelfth Edition. Butterworths. 1992. Paragraph 1.2 at page 1.
7. ^ "Civil law definition and meaning". Collins. Retrieved 19 July 2022.
8. ^ Edlin, Douglas E. (2007-10-22). Common Law Theory (1 ed.). Cambridge University Press. doi:10.1017/cbo9780511551116.001. ISBN 978-0-521-84642-4.
9. ^ Husa, Jaakko (2016-05-02). "The Future of Legal Families". Oxford Handbook Topics in Law. Vol. 1\. Oxford University Press. doi:10.1093/oxfordhb/9780199935352.013.26. ISBN 978-0-19-993535-2.
10. ^ Somji, Q., What is civil litigation?, Witan Solicitors, published 3 December 2021, accessed 9 December 2023
11. ^ Owen Hood Phillips, A First Book of English Law, Fourth Edition. Sweet & Maxwell. 1960. pp 208 & 209
12. ^ Owen Hood Phillips. A First Book of English Law. Fourth Edition. Sweet & Maxwell. 1960. p 208.
13. ^ Baum, Lawrence. American Courts: Process and Policy. Seventh Edition. Cengage Learning. 2012. Chapter 7. p 139.
14. ^ Anton, Peter. "Law". Retrieved 13 August 2021.
15. ^ Keane and McKeown. The Modern Law of Evidence. Ninth Edition. Oxford University Press. 2012. ISBN 9780199698325. p 108.
16. ^ Husnu Al Suood. The Maldivian Legal System. Maldives Law Institute. 2014. p 214.
17. ^ Jackson, R. (2010), Review of Civil Litigation Costs: Final Report, "Foreword", published by TSO (The Stationery Office), archived on 15 February 2010, accessed 9 December 2023. See Review of Civil Litigation Costs

* v
* t
* e

Law

Core subjects|

* Administrative law
* Civil law
* Constitutional law
* Contract
* Criminal law
* Crime
* Deed
* Doctrine
* Equity
* Evidence
* International law
* Law of obligations
* Private law
* Procedure
* Civil
* Criminal
* Property law
* Public law
* Punishment
* Corporal
* Restitution and unjust enrichment
* Statutory law
* Tort

Disciplines|

* Abortion law
* Agricultural law
* Animal law
* Aviation law
* Amnesty law
* Banking law
* Bankruptcy
* Commercial law
* Competition law
* Conflict of laws
* Construction law
* Consumer protection
* Corporate law
* Cyberlaw
* Drugs law
* Election law
* Energy law
* Entertainment law (Media law)
* Environmental law
* Family law
* Financial law
* Financial regulation
* Health law
* Immigration law
* Intellectual property
* International criminal law
* International labour law
* International human rights
* International slavery laws
* International trade law
* Jurimetrics
* Labour
* Landlord–tenant law
* Law of war
* Legal archaeology
* Legal fiction
* Maritime law
* Marriage law
* Military law
* Music law
* Nationality law
* Probate
* Estate
* Will and testament
* Product liability
* Public international law
* Refugee law
* Space law
* Sports law
* State of emergency
* Tax law
* Transport law
* Trust law
* Unenforced law

Sources of law|

* Charter
* Legal code / Statutory law
* Constitution
* Custom
* Divine law
* Divine right
* Human rights
* Legitimacy
* Letters patent
* Man-made law
* Natural law
* Natural and legal rights
* Case law
* Precedent
* Law reports
* Legal treatise
* Regulations

Law making|

* Ballot measure
* Codification
* Decree
* Edict
* Executive order
* Proclamation
* Legislation
* Delegated legislation
* Regulation
* Rulemaking
* Promulgation
* Ratification
* Repeal
* Treaty
* Concordat
* Statutory law
* Statute
* Act of parliament
* Act of Congress
* Basic structure doctrine

Legal systems|

* Civil law
* Common law
* Chinese law
* Legal pluralism
* Religious law
* Canon law
* Catholic canon law
* Hindu law
* Jain law
* Jewish law
* Parsi law
* Sharia
* Roman law
* Byzantine law
* Socialist law
* Statutory law
* Xeer
* Yassa

Legal theory|

* Anarchist
* Contract theory
* Comparative law
* Expressive function
* Feminist
* Law and economics
* Legal ethics
* Legal formalism
* History
* Libertarian
* International legal theory
* Principle of legality
* Principle of typicality
* Pseudolaw
* Rule of law
* Rule of man
* Sociology

Jurisprudence|

* Adjudication
* Administration of justice
* Admission to practice law
* Constitutionalism
* Criminal justice
* Court-martial
* Disbarment
* Dispute resolution
* Fiqh
* Lawsuit/Litigation
* Legal opinion
* Legal remedy
* Damages
* Deterrence (penology)
* Proportionality
* Reparations
* Legal status
* Judge
* Justice of the peace
* Magistrate
* Judgment
* Judicial activism
* Judicial interpretation
* Judicial misconduct
* Kangaroo court
* Judicial review
* Jurisdiction
* Jury
* Justice
* Practice of law
* Attorney
* Barrister
* Counsel
* Lawyer
* Legal representation
* Prosecutor
* Solicitor
* Question of fact
* Question of law
* Trial
* Trial advocacy
* Trier of fact
* Ultra vires
* Verdict

Legal institutions|

* Barristers' chambers
* Bureaucracy
* The bar
* The bench
* Civil society
* Court
* Ecclesiastical
* Court of equity
* Election commission
* Executive
* Judiciary
* Law enforcement
* Agency
* Legal education
* Law school
* Legal industry by country
* Legislature
* Military
* Police
* Political party
* Tribunal

History|

* History of the legal profession
* History of the American legal profession
* Women in law

* Law portal
* Category
* Index
* Outline

Authority control databases

National|

* United States
* Japan
* Czech Republic
* Spain
* Latvia
* Israel

Other|

* NARA
* Yale LUX

*[v]: View this template
*[t]: Discuss this template
*[e]: Edit this template