Cecily Zamora
Civil law is a legal system rooted in the Roman Empire, which was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's Bürgerliches Gesetzbuch (1900). Civil law is a major branch of law that deals with resolving disputes between entities and protecting the private rights of citizens. It covers areas such as contracts, torts, property, and family law. Civil cases can be initiated by any party, which can lead to controversy in the form of strategic lawsuits against public participation (SLAPP) intended to overwhelm the opposing party with legal expenses. Civil cases also differ from criminal cases in terms of penalties, with civil cases resulting in financial penalties and/or orders to change behavior rather than incarceration. The conduct at issue in civil cases is typically negligent rather than intentional, and the burden of proof is based on a preponderance of evidence, which means that the plaintiff must convince the court that it is more likely than not that the defendant is responsible for the harm. These differences and the broader standards for filing civil suits can lead to controversy and abuse of the system.
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What You'll Learn
- Civil law is derived from classical Roman law, Napoleonic codes, and local practices
- Civil cases can be initiated by any party, while criminal cases are initiated by the government
- Civil cases often settle outside the courtroom, with a payment to the accuser
- Civil suits have a lower burden of proof than criminal cases
- Civil law deals with disputes between entities, while criminal law deals with offences against the state
Civil law is derived from classical Roman law, Napoleonic codes, and local practices
Civil law is a legal system rooted in the Roman Empire, with its major inspiration stemming from classical Roman law (c. AD 1–250) and, more specifically, Justinian law (6th century AD). The Justinian Code provided a sophisticated model for contracts, rules of procedure, family law, wills, and constitutional systems. Roman law was received differently across various countries and regions; in some, it became positive law, enforced by legislative act, while in others, it was gradually diffused into society through influential legal experts and scholars. Notably, Roman law continued uninterrupted in the Eastern Roman Empire until the 15th century and, despite the fall of the Western Empire in the 5th century, it persisted in Western Europe due to the region's incursions and occupations by Western European powers in the late medieval period.
Over time, Roman law evolved and was heavily influenced by other legal traditions and local practices. For instance, in England, Roman law was only academically taught at the universities of Oxford and Cambridge and primarily applied to probate and matrimonial law, maritime law, and certain aspects of trade law. In other parts of Europe, such as Germany and the Netherlands, Roman law gained stronger influence, especially in the administration of justice.
The Napoleonic Code, developed in the early 19th century, became a significant overlay on civil law. This code was established by Napoleon and imported into areas he conquered, including Belgium and Luxembourg, where it was left in effect. The Napoleonic Code was also adopted with modifications in several other countries, including Poland, Louisiana, Switzerland, the Netherlands, Serbia, Italy, Romania, Portugal, and Spain. The Swiss version of the code was later adopted in Brazil and Turkey. These codes were characterised by concise and broadly applicable texts, avoiding factually specific scenarios.
In addition to the Napoleonic Code, civil law was influenced by Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. The mix of Roman law and local customs gave way to law codification, with the concept of codification further developed during the 17th and 18th centuries as an expression of Enlightenment ideals and the need for certainty in law.
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Civil cases can be initiated by any party, while criminal cases are initiated by the government
Civil cases are private disputes between two or more parties, and they are initiated by the plaintiff—the party seeking relief from an alleged wrong. The plaintiff can be an individual, organisation, business, or governmental body. To start a civil lawsuit, the plaintiff files a complaint with the court and serves a copy to the defendant. The complaint outlines the plaintiff's damages or injuries, explains how the defendant caused the harm, and asks the court to order relief. The plaintiff must inform the defendant about the complaint, which is called service of process. The defendant then has a set number of days to file an answer, depending on the type of case.
Civil cases are tried in district court, and both the plaintiff and defendant have the constitutional right to a jury trial. The plaintiff's lawyer makes the first opening statement, followed by the defence counsel, and the plaintiff's witnesses are heard first. The plaintiff must convince the jury by a "preponderance of evidence", meaning it is more likely than not that their claims are true. Unlike criminal juries, civil juries do not require proof "beyond a reasonable doubt". The plaintiff's lawyer can also request a “directed verdict”, similar to a Rule 29 motion in a criminal case, where they argue that the defendant is entitled to a judgment in their favour as a matter of law.
On the other hand, criminal cases involve actions considered harmful to society as a whole, or criminal offences. These offences are committed against the "state" or "the people". Criminal cases are initiated by the government, usually through the U.S. Attorney's office, in coordination with a law enforcement agency. The U.S. Attorney represents the United States in court proceedings and works with a grand jury to review evidence and decide if it is sufficient to require a trial. In a criminal case, the burden of proof is on the government, which must prove guilt beyond a reasonable doubt. The defendant does not have to prove their innocence. Criminal cases can result in the loss of liberty, with sentences including prison time, fines, and restitution.
The distinction between civil and criminal cases is important, as it determines who can initiate the case and the different procedures and standards that apply. Civil cases are often about compensating victims, while criminal cases focus on punishing the wrongdoer. This distinction can lead to controversy, as some acts can be both civil and criminal in nature, such as assault and battery. Additionally, the requirement for an actual dispute or "controversy" to obtain jurisdiction in federal court may cause debate, as courts cannot resolve legal questions that do not arise from a real dispute.
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Civil cases often settle outside the courtroom, with a payment to the accuser
Civil cases often settle outside the courtroom to avoid the time and expense of a trial. Judges encourage litigants to resolve their disputes through mediation, arbitration, and other forms of alternative dispute resolution. This results in a settlement, which can include a payment to the accuser, and the terms of which may be sealed from public knowledge.
In a civil case, the plaintiff must convince the jury that it is more likely than not that the defendant is responsible for the harm suffered. The plaintiff may seek monetary compensation for damages or ask the court to order the defendant to stop the harmful conduct. By settling outside the courtroom, the plaintiff can avoid the uncertainty of a jury trial, where a jury may rule in favor of the defendant if they feel the facts support their argument.
Settling outside the courtroom can also prevent negative publicity and allow the parties to keep the details of the case private. It gives each party a chance to have a say in the outcome of the dispute and can help salvage relationships. Additionally, it allows individuals to avoid the stress and emotional turmoil of a court trial.
While settling outside the courtroom has its advantages, it may leave individuals feeling like they have unfinished business, wondering what the outcome of a court trial would have been. It is important for individuals to weigh all the possibilities and outcomes with the support of a legal team before deciding to settle.
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Civil suits have a lower burden of proof than criminal cases
For example, in a criminal case, the prosecution must prove beyond a reasonable doubt that the defendant committed a crime, such as murder. In a civil case, the plaintiff may sue the defendant for wrongful death, and they must prove by a preponderance of the evidence that the defendant's negligence or intentional act caused the death of their loved one.
The burden of proof in civil cases is lower than in criminal cases because the consequences of a conviction in a criminal case are typically more severe. A criminal conviction can result in incarceration, fines, or other penalties, while a civil case usually involves monetary damages or an injunction to stop the harmful conduct. Additionally, the burden of proof in criminal cases is higher to protect the defendant's rights and ensure that only those who are truly guilty are convicted and punished.
The lower burden of proof in civil cases allows individuals or entities to hold others accountable for their actions, even if the evidence is not conclusive. It enables people to seek justice and compensation for harms they have suffered, even in cases where the evidence may be circumstantial or disputed.
It is important to note that while the burden of proof is lower in civil cases, it does not mean that the plaintiff's allegations are automatically accepted. The defendant in a civil case still has the right to present evidence and argue their case, and the plaintiff must still provide sufficient evidence to convince the jury or judge that their claims are more likely to be true than not.
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Civil law deals with disputes between entities, while criminal law deals with offences against the state
Civil law and criminal law are two distinct legal systems with separate laws and punishments. Criminal law deals with offences against the state, whereas civil law deals with disputes between entities. Criminal law involves regulations enacted and enforced by government action, while civil law provides a remedy for individuals or entities seeking to enforce their private rights against other individuals or entities.
Criminal law involves punishing and rehabilitating offenders and protecting society. The police and prosecutors are hired by the government to enforce criminal law. If you are the victim of a crime, you report it to the police, and it is their duty to investigate and find the suspect. The government, not the individual who reported the incident, prosecutes it in court. This is called a system of public prosecution.
Civil law, on the other hand, deals with private disputes between individuals, organisations, or other business entities. Civil litigation is a legal action between individuals or entities to resolve a civil dispute. It includes the process of one party notifying the other that they have a cause for action. Civil law cases can be initiated by any party, including private and public parties, whereas in criminal law, only the government can initiate a case.
Civil cases are often about seeking redress or payment of damages, whereas criminal cases seek to inflict punishment. For example, in civil litigation, an injured party may sue for a court-ordered remedy, such as money, property, or some sort of performance. In contrast, criminal law deals with cases such as burglary, assault, battery, and murder.
In the US, the federal courts have the power to hear both "cases" and "controversies". A controversy refers to an actual dispute, which is one of the requirements for a federal court to obtain jurisdiction. The federal courts do not have the power to resolve legal questions that do not arise from an actual dispute between real parties, as no controversy exists in such cases.
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Frequently asked questions
Civil law deals with disputes between private citizens or entities, whereas criminal law deals with offenses committed by an individual against the state or federal government. In civil law, the injured party brings the lawsuit, whereas in criminal law, it is the government that files charges.
Civil cases often result in financial penalties and/or an order for the defendant to change their behavior. In some cases, the defendant may also be required to compensate the plaintiff for damages. It's important to note that civil cases rarely result in incarceration for the defendant.
Civil cases can be controversial when they are perceived as frivolous or unnecessary. For example, a well-known case involved a woman who sued McDonald's because their coffee was too hot, causing her injuries. While the media portrayed the lawsuit as frivolous, the woman suffered real damages, including pain, suffering, loss of income, and loss of enjoyment of life. The jury ultimately found in her favor, awarding her compensation.
