Gavin Howe
The civil law system is the most widespread legal system in the world, in force in about 150 countries. Civil law is sometimes referred to as 'citizens' law' and is distinct from common law, which is used in the United States. Civil law is a system of law codes that broadly outline general principles, rights and entitlements, and how legal mechanisms work. In civil cases, two or more parties are in a legal dispute, and the plaintiff must prove that the defendant is responsible for their harm. The government's role in civil cases differs from its role in criminal cases, where it must prove a defendant's guilt beyond a reasonable doubt. In civil cases, the government may be involved in defending against challenges to federal programs, policies, and laws, and in ensuring the Federal Government speaks with one voice in its view of the law.
| Characteristics | Values |
|---|---|
| Civil case definition | A civil case involves a legal dispute between two or more parties. |
| Who can be involved | Civil disputes usually occur between private parties, but they can also involve government officials and agencies. |
| Types of cases | Civil cases can include breach of contract, personal injury, divorce proceedings, cases involving child custody, landlord/tenant issues, etc. |
| How it works | One party (the plaintiff) files a complaint, and the other party (the defendant) responds. If the defendant does nothing, the plaintiff may obtain a summary judgment. If the defendant disputes, the case proceeds to trial. |
| Evidence | The plaintiff must prove their case and present evidence to convince the judge or jury that the defendant is responsible for the harm they have suffered. |
| Outcome | The judge or jury decides if the defendant is legally liable and determines the amount of damages or other remedies. Both parties can appeal the decision. |
| Settlement | Most civil cases are settled before going to trial, often through mediation or arbitration. Settlements usually involve monetary agreements. |
| Law system | Civil law systems rely on written codes and statutes rather than judicial precedent. These codes outline the principles of law, rights, and entitlements. |
| Worldwide presence | Civil law is the most widespread legal system in the world, in force in about 150 countries. |
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What You'll Learn
The role of the government in civil law cases
Civil law, also known as "citizens' law", deals with disputes between individuals, businesses, or institutions. These disputes often involve conflicts over money, property damage, personal harm, or other civil matters such as housing, family, or consumer issues. In a civil case, one party, known as the plaintiff, files a complaint against another party, the defendant, claiming that they have suffered harm due to the defendant's actions. The plaintiff must be able to prove their case and convince the judge or jury that their claim is valid.
In some countries, the government may have a more direct role in civil law cases. For example, in the United States, if a person is accused of a crime that may lead to jail time, the government provides a lawyer known as a public defender or legal aid lawyer to represent them in court, even if they cannot afford one. The government also plays a role in criminal court cases, where a lawyer for the government, such as a prosecutor or district attorney, files a case against an individual accused of committing a crime.
However, in civil law systems, the role of the government may be more limited. Civil law systems often give less weight to judicial precedent and focus more on statutory law and legal codes. In some jurisdictions, the judiciary may not have the authority to invalidate legislative provisions and can only apply the code as written. This means that the government's role in interpreting and applying the law may be more constrained in civil law systems compared to common law systems.
It is important to note that civil law cases can be complex and vary widely depending on the jurisdiction and the specific facts of the case. While this provides a general overview of the government's role in civil law, the specific processes and procedures may differ in each country or region.
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The role of the plaintiff and defendant
The plaintiff and defendant are the two main parties involved in a civil law case. The plaintiff is the person or entity that brings the case to court, claiming that the defendant has committed a wrongful act or harmed them in some way. In a personal injury case, for example, the plaintiff is the injured victim who files a lawsuit against the defendant, alleging negligence or fault. The plaintiff has the burden of proof, meaning they must provide evidence to show that it is "more likely than not" or by a preponderance of the evidence that the defendant is responsible for the harm they have suffered. This is a lower standard of proof compared to criminal cases, where proof beyond a "reasonable doubt" is required.
The defendant, on the other hand, is the person or entity being sued. They are responsible for defending themselves against the plaintiff's claims. In a car accident case, for instance, the defendant would be the person who caused the accident and is being held accountable. The defendant must respond to the plaintiff's complaint within the required time frame. If they fail to do so, the plaintiff can file for a default judgment. During the trial, the defendant's role is to refute the plaintiff's claims and present their case to the judge or jury.
It is important to note that the plaintiff and defendant may each have their own legal counsel representing their interests in court. The lawyers will act on behalf of their clients, ensuring that their rights and interests are protected throughout the legal process.
In some cases, there may be multiple plaintiffs or defendants, and they may pursue their own interests independently. Additionally, in certain situations, a government agency or legal entity, such as a company or organisation, may be involved as either the plaintiff or defendant.
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The role of the judge and jury
In a civil law case, the plaintiff and defendant sit behind their lawyers, facing the judge. The plaintiff is the person who brings the case to court, and the defendant is the person who disputes the plaintiff's claims. The judge is an impartial referee who ensures that the law and correct procedures are followed. The judge will also make rulings on legal issues that arise during the civil proceedings.
In some civil cases, there is a jury involved, which is made up of six or more people selected randomly from the electoral roll. The judge will direct the jury on legal matters, and the jury will decide the facts and apply the law to those facts. The jury decides whether the plaintiff has established the claim being made and, in most cases, the damages (or money) to be awarded. Witnesses give evidence about what they have heard, seen, or otherwise perceived as relevant to the case. A witness will usually stand in the witness box to give their evidence once they have made an oath or affirmation to be truthful. Some witnesses will give their evidence remotely via an audio-visual link. Witnesses are asked questions by the lawyers representing the parties—this is called being examined, cross-examined, and re-examined.
In a jury trial, the judge will explain the law that is relevant to the case and the decisions the jury needs to make. The jury is generally asked to determine whether the defendant is responsible for harming the plaintiff in some way and then to determine the amount of damages the defendant will be required to pay. If the case is tried before a judge without a jury, known as a "bench" trial, the judge will decide these issues or order some kind of relief to the prevailing party. In a civil case, the plaintiff must convince the jury by a "preponderance of the evidence" (i.e., that it is more likely than not) that the defendant is responsible for the harm the plaintiff has suffered.
Jury trials are increasingly used in a significant share of serious criminal cases in many common law judicial systems. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases. The use of jury trials has had a profound impact on the nature of American civil procedure and criminal procedure rules. Jury trials are of far less importance in countries that do not have a common law system.
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The process of settling a civil dispute
Civil cases involve conflicts between people or institutions like businesses. These conflicts usually (but not always) involve money. A civil action begins when a party to a dispute files a complaint, and pays a filing fee. If the plaintiff is unable to pay the fee, they may file a request to waive the fee. The plaintiff then serves a copy of the complaint to the defendant. The complaint outlines the plaintiff's damages or injury, explains how the defendant caused the harm, and asks the court to order relief.
During the pre-filing stage, the parties may make demands, try to settle the issue, and prepare for the possibility of a lawsuit. If the defendant does nothing, the plaintiff may obtain a summary judgment against them. If the defendant disputes the case, it proceeds to trial. During the trial, the plaintiff and defendant present their cases to a judge, who will decide the outcome. If the plaintiff or defendant is unsatisfied with the court's decision, they may choose to appeal.
To avoid the expense and delay of a trial, judges encourage the use of alternative dispute resolution (ADR) to produce a resolution without the need for a trial or other court proceedings. This includes mediation, arbitration, case evaluation, conciliation, dispute intervention, early neutral evaluation, and mini-trial. Mediation is a voluntary, confidential process in which a neutral third party assists the parties in identifying and discussing issues of concern, exploring solutions, and developing a settlement. Arbitration is a more affordable option than litigation, and the decision handed down by the arbitrator is usually confidential and cannot be appealed.
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The differences between civil and criminal law
Civil law is a broad term for all non-criminal law, typically involving disputes between private citizens or organisations. It is sometimes referred to as "citizens' law" and is the most widespread legal system globally, in force in about 150 countries. Civil law is often paired with the inquisitorial system, but they are not synonymous. Civil cases can involve disputes over housing, family, consumer issues, property damage, personal harm, and contractual interests. In civil cases, the plaintiff must prove their case by a "preponderance of the evidence", meaning it is more likely than not that the defendant is responsible for the harm. Civil court judges can order payments or fines and make decisions about family and home, but they cannot send anyone to jail.
Criminal law, on the other hand, involves crimes committed against a state or nation. Criminal cases are prosecuted by state officials, and the government must prove the defendant's guilt "beyond a reasonable doubt", a much higher standard of evidence than in civil law. Criminal court judges can punish lawbreakers by sending them to jail. Crime victims are not parties to the criminal case but are represented by the state through the prosecutor's office.
In civil law systems, the primary source of law is the law code, a systematic collection of articles arranged by subject matter. These codes are enacted by a legislature and explain the principles of law, rights, entitlements, and basic legal mechanisms. Civil law judges tend to give less weight to judicial precedent, and civil law codes must be changed frequently because the precedent of courts is non-binding.
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Frequently asked questions
Civil law refers to disputes between individuals, businesses, or agencies. This can include housing cases, family cases, consumer problems, or lawsuits for personal harm or damage to property. Civil law cases go to a Civil Court, where the judge can order one party to pay the other or return property, or make decisions about a family or home.
The government does not play a role in civil law cases in the same way it does in criminal law cases. In criminal law, the government must prove the defendant is guilty beyond a reasonable doubt and can send them to jail. In civil law, one person sues another, and the government does not get involved in the same way. However, the government can be sued in a civil law case.
The judge must remain impartial and ensure a fair trial. They may encourage litigants to reach an agreement outside of court to avoid a lengthy trial. They will also explain the law to the jury and the decisions they need to make. If there is no jury, the judge will decide on the issues and order relief to the prevailing party.
