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Civil Law homework help
Civil law refers to a set of rules used to make a judgment in cases of disputes involving individual people or organizations. In other words, the law protects citizens' privacy rights and provides legal solutions that may be used in settling a dispute. Civil law is oriented toward resolving disputes and providing compensation to an individual following physical or emotional harm caused to him/her by someone else's acts or behavior.
Main Categories of Civil Law
The following are the main categories of cases that are arbitrated over in a civil court set up,
- Breach of Contract:-These cases involves a violation of provisions of an enforceable agreement by either party, individual, or organization. For example, when an employer pays his/her employee a salary lower than the agreed-upon one.
- Property disputes: - This category of civil laws involves arbitration cases involving a dispute of ownership and property use. A good example a case where two neighbors are in a disagreement over the border point of their compounds
- Family Disputes: - These are the cases involving parents, children, and spouses. For instance, a case involving a disagreement between divorced parents over the possession of children.
- Tort: - This category deals with cases that might involve physical or emotional damage of one individual by another. An example of such a case is when an individual might intentionally neglect another, leading to physical or emotional harm.
The United States Civil Law
In 1938, the U.S adopted the Federal Rules of Civil Procedure (FRCP), which led to abolishing the old English division between common law and equity courts. FRCP was also abolished by nearly every state in the U.S following various legislative agencies. However, following a post-FRCP modification done on the civil law, thirty-five states have adopted the rules. California, Illinois, and New York are the most dominant states that have not embraced FRCP and have instead anchored their civil laws to codified statutes implemented by the state legislature. However, it is worth noting that various legislatures have, over the years, modified several critical segments of their civil laws to make them fit in the federal civil procedure.
Notable Features of the U.S Civil Law
- The U.S civil procedure heavily relies on the testimony brought in front of the jury or the one obtained at disposition.
- It is characteristic of a detailed pretrial discovery.
- Their pretrial procedure is an aggressive "law and motion" practice tailored to lead to a pretrial settlement, that is, a summary judgment.
- The U.S civil law bears a unique characteristic referred to as "American Rule," which stipulates that parties should incur their own attorneys' fees.
It is worth noting that U.S courts were the pioneers of the opt-out class concept, which be stores all the burden on the class members
The Australian Civil Law
In most parts of Australia, civil law arbitration is mostly dependent on the previous court proceedings. The determination of a civil case is in Australia is governed by the principle, of "Stare Decisis," which means the court ruling on such a case is cited from the verdicts of previous similar cases. Civil law in Australia is oriented toward resolving disputes and providing compensation to an individual following physical or emotional harm caused on him/her by the acts or behavior of someone else. Civil law cases revolve around private law, and only the harmed individual can engage in the lawsuit. In civil law, the case is determined on the grounds of the "preponderance of evidence" principle, which means that as long as the plaintiff can convince the court with his evidence, then his allegations are more likely than not to be considered correct.
