Civil law is a legal system that is based on concepts, categories, and rules derived from Roman law, with some influence from canon law. It is the most widespread system of law in the world, in force in various forms in some 150 countries. It is used to resolve conflicts between people or institutions, such as businesses, usually over money. In this article, we will discuss the standard of proof used by the court, the common types of civil cases that are filed, and the stages of a civil case. The standard of proof used by the court in civil cases is called preponderance of evidence.
This means that the winning version of the story is more likely to be true than false. It does not mean that one of the parties has provided more evidence than the other. It means that the evidence on one side was more convincing than the evidence on the other. The most common types of civil cases are contracts, property, family relationships, and civil torts that cause physical injury or property damage. A contract case involves a dispute between two or more parties over an agreement they have made.
Property cases involve disputes over ownership or possession of real estate or personal property. Family relationship cases involve disputes between family members such as divorce, child custody, and adoption. Civil torts involve physical injury or property damage caused by another person or company. The stages of a civil case include filing a complaint and initiating a court case, discovery, pre-trial motions, trial, and post-trial motions. The plaintiff files a complaint and initiates a court case by asking the court for relief.
Discovery is when both parties exchange information about their case. Pre-trial motions are requests made to the court before trial. The trial is when both parties present their evidence to the judge or jury. Post-trial motions are requests made to the court after trial. When you're involved in a lawsuit or accused of a criminal offence, it's important to understand the type of case you're in and the different processes involved.
Make sure to create a poster or graphic organizer that explains what a civil court is, who the parties to it are, and the process for starting a civil case. Additionally, make a series of flashcards with definitions for all terms related to civil law.
