This article is about non-criminal law under a common law legal system. It is not to be confused with the entirely separate legal system known as "civil law".
It is often suggested that civil proceedings are taken 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.[8]
Because some courts have both a civil and criminal jurisdiction, civil proceedings cannot be defined as those taken in civil courts.[9] In the United States, the expression "civil courts" is used as a shorthand for "trial courts in civil cases".[10]
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.[11] 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.[12]
^Owen Hood Phillips. A First Book of English Law. Fourth Edition. Sweet & Maxwell. 1960. p 208.
^Baum, Lawrence. American Courts: Process and Policy. Seventh Edition. Cengage Learning. 2012. Chapter 7. p 139.
^Keane and McKeown. The Modern Law of Evidence. Ninth Edition. Oxford University Press. 2012. ISBN9780199698325. p 108.
^Husnu Al Suood. The Maldivian Legal System. Maldives Law Institute. 2014. p 214.
March 18, 2023
civil, common, this, article, about, criminal, under, common, legal, system, confused, with, entirely, separate, legal, system, known, civil, other, uses, civil, civil, major, branch, common, legal, systems, such, england, wales, united, states, term, refers, . This article is about non criminal law under a common law legal system It is not to be confused with the entirely separate legal system known as civil law For other uses see Civil law Civil law is a major branch of the law 1 In common law legal systems such as England and Wales and the United States the term refers to non criminal law 1 2 The law relating to civil wrongs and quasi contracts is part of the civil law 3 as is law of property other than 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 It is often suggested that civil proceedings are taken 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 8 Because some courts have both a civil and criminal jurisdiction civil proceedings cannot be defined as those taken in civil courts 9 In the United States the expression civil courts is used as a shorthand for trial courts in civil cases 10 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 11 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 12 See also EditOutline of civil law common law Civil code Administrative law Federal law Federal Rules of Civil Procedure Law Natural law Legal treatiseReferences Edit a b Glanville Williams Learning the Law Eleventh Edition Stevens 1982 p 2 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 Glanville Williams Learning the Law Eleventh Edition Stevens 1982 pp 2 and 9 and 10 Card Richard Card Cross and Jones Criminal Law Twelfth Edition Butterworths 1992 Paragraph 1 3 at page 1 Glanville Williams Learning the Law Eleventh Edition Stevens 1982 p 19 Card Richard Card Cross and Jones Criminal Law Twelfth Edition Butterworths 1992 Paragraph 1 2 at page 1 Civil law definition and meaning Collins Retrieved 19 July 2022 Owen Hood Phillips A First Book of English Law Fourth Edition Sweet amp Maxwell 1960 pp 208 amp 209 Owen Hood Phillips A First Book of English Law Fourth Edition Sweet amp Maxwell 1960 p 208 Baum Lawrence American Courts Process and Policy Seventh Edition Cengage Learning 2012 Chapter 7 p 139 Keane and McKeown The Modern Law of Evidence Ninth Edition Oxford University Press 2012 ISBN 9780199698325 p 108 Husnu Al Suood The Maldivian Legal System Maldives Law Institute 2014 p 214 Retrieved from https en wikipedia org w index php title Civil law common law amp oldid 1140290532, wikipedia, wiki, book, books, library,
