A lawyer who specializes in civil law is known as a civil lawyer. Civil law has many fields including business laws, corporate laws, intellectual property laws, family laws, personal injury laws, probate laws, real estate laws, tax laws, etc. Civil law is a branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim. A civil lawyer not only represents the client in a legal proceeding but also provides legal advice to the client in civil transactions.

Civil law encompasses all law that is not criminal law. Civil law seeks to resolve non-criminal disputes such as disagreements over the meaning of contracts, property ownership, divorce, child custody, and damages for personal and property damage. Civil lawyers handle lawsuits that involve individuals, businesses, and even the government.

Civil lawyers will generally choose one or more areas of law to specialize in. If you need assistance with tax laws, you should go to a civil lawyer who specializes in tax laws. If you have been injured in an accident and you want to file a law suit seeking damages, you will need the services of a civil lawyer specializing in personal injury lawsuits. If you are filing for divorce or seeking custody of your child, a civil lawyer specializing in family law will be able to help you out.

A lawyer can also help you if you are running a business by giving you timely advice that can save you from costly civil law litigation. A civil lawyer specializing in business laws can advise you on the regulations your business needs to comply and the licenses required by your business. He can even help you obtain the licenses. Laws regulating the functioning of corporations are complex. There are civil lawyers who specialize in corporate laws. In a real estate transaction, a lawyer specializing in real estate laws can make sure that the transaction is being conducted in the proper way, the necessary documents are properly executed and the sale proceeds properly paid out and accounted for at closing. Read the rest of this entry »

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There are two legal traditions that work as foundations to all-out administration of any country in the world; these legal traditions are; civil law and common law traditions. This is one of the reasons why each country’s legal education as well as any sort of administration are not the same and also one of the reasons why we cannot reach our abstract aspiration: “the world law.” This article will reveal which tradition is easier in term of education and enforcement.

Civil law is easier than common law in both, terms of learning and enforcement, but why?

From the very outset, civil law tradition is a “writing tradition.” Writing means every law or any nationwide effective administrative rule are written down and followed by printing in hard copies (books, journals, periodicals or other media publication) and even the fastest facilities: the internet. Writing makes the learners, the fellow citizens as well as the law enforcement officials easy, because they are able to find the law anytime and anywhere (library, bookstore, newsstand home library, etc) with or without the help from the expert in the field; in contrast, I do not think this ease applies to the common law countries. Above all, civil law is not as complicated like the common law where law or decision is flexible in accordance with the case.

One of the instinctive eases of civil law is that even the person whose brain is totally white with law or any social systematic complication can understand and it is much easier for serious law students who make to clarify or deeply understand and surprisingly, for the law enforcement officials. Read the rest of this entry »

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Criminal law

During criminal litigation, the responsibility of proof is invariably upon the state. The particular state will have to demonstrate that the particular accused is guilty. The defendant is assumed being innocent; the accused is required to demonstrate nothing. (There are actually exceptions. If the defendant wishes to assert that he/she is insane, and for that reason not necessarily guilty, the defendant bears the responsibility of proving his/her insanity. Other exceptions include defendants who declare self-defense as well as duress.)

During criminal litigation, the state will have to prove the fact that the particular accused satisfied each component of the actual statutory characterization of the actual criminal offense, as well as the defendant’s participation, “beyond a reasonable uncertainty.” It is difficult to put a valid numerical value upon the actual probability that the responsible person really committed the actual crime, nevertheless legal authorities who do assign a numerical value typically say at least 98% or 99% certainty in guilt.

Civil law

Within civil court, the duty of proof is actually initially upon the plaintiff. However, there are a range of technical circumstances with which the actual burden shifts towards the defendant. For example, in the event the plaintiff makes a prima facie case, the responsibility shifts towards the accused in order to refute as well as rebut the plaintiff’s proof. Read the rest of this entry »

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