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Civil Cases |
Civil Cases
Civil law, as opposed to criminal law, is the branch of law dealing with
disputes between individuals and/or organizations, in which compensation may
be awarded to the victim. For instance, if a car crash victim claims damages
against the driver for loss or injury sustained in an accident, this will be
a civil law case.
Civil law courts provide a forum for deciding disputes involving torts (such
as accidents, negligence, and libel), contract disputes, the probate of
wills, trusts, property disputes, administrative law, commercial law, and any
other private matters that involve private parties and organizations
including government departments. An action by an individual (or legal
equivalent) against the attorney general is a civil matter, but when the
state, being represented by the prosecutor for the attorney general, or some
other agent for the state, takes action against an individual (or legal
equivalent including a government department), this is public law, not civil
law.
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The
objectives of civil law are different
from other types of law. In civil
law there is the attempt to right a
wrong, honor an agreement, or settle a
dispute. If there is a victim, they get
compensation, and the person who is
the cause of the wrong pays, this being
a civilized form of, or legal
alternative to, revenge. If it is an
equity matter, there is often a pie for
division and it gets allocated by a
process of civil law, possibly invoking
the doctrines of equity. In public law
the objective is usually deterrence,
and retribution. |
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