Archive for category Civil Law
Civil Law – Understanding the Basics of Civil Procedure
Statistically speaking, odds are that the average person will end up involved in a lawsuit – either as a plaintiff or defendant – at least one time during the course of his or her life. (This does not include being involved in a divorce case; rather, this refers to the statistical probability that a person will be involved in a lawsuit involving a personal injury or contract dispute at some point during his or her lifetime.)
Because it is likely that a person will end up involved in a lawsuit for one reason or another during his or her lifetime, it does behoove a person to have a basic understanding of what is known as civil procedure. Through this article a basic overview is provided of the essential elements of civil procedure. With that noted, when it comes to civil procedure, if a person has any specific questions in regard to civil procedure or if a person finds his or her self involved in a lawsuit, that individual is best served by seeking legal assistance immediately. This article is not intended to provide legal advice to any individual that is facing or involved in a lawsuit.
The most important factor that a layperson must keep in mind when it comes to civil law and civil procedure is something known amongst lawyers as the “statute of limitations.” In simple terms the statute of limitations refers to the deadline by which a lawsuit must be filed. For example, if a person is involved in an accident, that individual must file suit for injuries or damages sustained as a result of that accident with a period of time set forth by the statutes of the state in which he or she lives. If the individual fails to bring a suit within that time frame, that person normally will be prevented from filing suit at any time in the future.
The same holds true if there is a breach of contract. If a person wants to sure because of a breach of contract, that individual needs to file suit within a specified period of time or he or she will be forever banned (in most cases) from bringing suit. Read the rest of this entry »
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A Quick Guide To Understanding Civil Law
What is Civil Law? Simply put, it is a legal system that was originally inspired by the ancient Romans, and the system of legality that they had in place. It is primarily a collection of laws that have been codified. Although commonly in use today, specifically within the United States of America among others, it has a far reaching history that stems backward for thousands of years.
The derivation of this system of laws and regulations is generally a reflection of the Romans. Their justice system was famed, and even today, greatly emulated within the most famous democracies in the world. Its use of codification is a technique that dates back for thousands of years. The ancient kingdom of Babylon were among the very first to codify their laws under the reign of King Hammurabi.
Codifying the laws of a nation, city or county is merely putting it into a classified order. To list them logically, numbered, and so on. However, the main purpose of civil laws are to provide the public with access to its regulations that pertain to and govern them. In this way, it is more difficult for someone to be arrested without a cause, because even the smallest of men have an understanding of the system of justice that reigns over him.
This system was originally derived from the Law of Justinian, or Corpus Juris Civilis. It is a collection of works that pertain to jurisprudence, penned from the years 529 to 534. As ancient as these are, they were the foundation for many that many future nations were soon to follow. The Eastern Roman Emperor, Justinian the First, commissioned his Tribonian, or Court Official to oversee the task. Read the rest of this entry »
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The Difference Between A Civil Law From That Of A Criminal Law
Civil Law
Civil law deals with the enforcement of an oral or written contract. This would only mean that a certain entity is often involved in other cases except the commission of a crime. A wrongful act wherein the other party asks for damages is also under the civil law. When we mean civil law, it does not involve any crime. Civil cases often require more work for the lawyer or attorney because they need to gather evidences from different sources.
Most of the time, civil cases involve disputes between a person or an organization. A person or an entity who claims on their legal compensation or benefit is often called a plaintiff. On the other hand, the person or organization that the plaintiff requires the damages is often called the defendant, litigants or parties. Usually, the plaintiff often requires the defendant under the rules of law to provide him the respect and legal obligations deemed to them. A defendant is often required to give the plaintiff what is due to them.
There are several types of civil law cases, and they include commercial operations, divorce and custody, personal injury and estate planning, bankruptcy, taxes, employment, corporations, workers’ compensation, and contracts. Under the rule of civil law, penalties are often given in a form of order, custody, legal rights, liable for damages, and monetary award to the aggrieved party. It is extremely seldom that the defendants are subject to imprisonment, but in some rare cases, there are imprisonments involved.
Criminal Law
Criminal law involves crime against people. It includes rape, robbery, murder, assault and kidnapping. In other way, it also includes tax evasion, burglary, larceny, smuggling, shoplifting and other forms of theft. Criminal laws also cover those who use and sell drugs, drunk drivers and other crimes against the law. The penalties given to perpetrators are often in the form of a fine and jail. Most of the cases under the criminal law are often dealt with an order to avoid further harm to society. Read the rest of this entry »
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