How to Do Electronic Family Law Discovery Washington State

Civil law is a torso of rules that defines and protects the private rights of citizens, offers legal remedies that may be sought in a dispute, and covers areas of police force such as contracts, torts, property and family police. Civil constabulary is derived from the laws of ancient Rome which used doctrines to develop a code that determined how legal issues would exist decided. To explore this concept, consider the following civil police definition.

Definition of Civil Law

1. Noun. The body of laws that govern ordinary private matters, separate from laws presiding over criminal, war machine, or political matters.
2. Noun.The body of law that governs individual or civil rights, providing redress for wrongs by compensating the person or entity that has been wronged rather than punishing the wrongdoer.

Origin:Late circa 1400 Belatedly Heart English language jus cilile

What is Civil Law

Emperor Justinian I ruled aboriginal Rome from 527 A.D. to 565 A.D. One of his lasting legacies is his rewriting of Roman law in "Corpus Juris Civilis," ("Body of Civil Law") which still serves as a basis for modern civil law systems worldwide.

In the United States, civil law has a couple of different meanings. In most parts of the U.S., civil constabulary is synonymous with "common police," or "estimate-made police force" which relies on prior court decisions to determine the outcome of cases. The governing principle is "Stare Decisis," which means that the outcome of a lawsuit depends on the outcomes of previous similar cases.

Civil Law vs. Criminal Law

Civil police force and criminal law serve dissimilar purposes in the United states of america legal system. The primary purpose of civil law is to resolve disputes and provide bounty for someone injured by someone else's acts or behavior. The master purpose of criminal law is to foreclose undesirable behavior and punish those who commit an human activity deemed undesirable by gild.

In civil constabulary, it is the injured person who brings the lawsuit. By contrast, in criminal law, it is the government that files charges. The injured person may file a complaint, but it is the regime that decides whether criminal charges should be filed. A violation of criminal law is considered a criminal offense against the country or federal government and is a violation of public police rather than private law. Civil law cases are concerned just with individual police. In some instances, a person may be entitled to file a complaint, trusting the legal system to punish the wrongdoer with prosecution, while bringing a ceremonious lawsuit to receive bounty for the damages done by the wrongdoer.

Another key difference betwixt ceremonious and criminal police is the standards of proof required to reach a verdict. A plaintiff need only prove his ceremonious police case by a "preponderance of prove." This standard requires that the plaintiff convince the court that, based on the prove presented at trial, it is "more probable than not" that the plaintiff'south allegation is true.

In dissimilarity, the standard of proof is college in criminal police force proceedings. The land must prove their case "beyond a reasonable doubt." The reason for this college standard is because a person's freedom is at stake, and the central belief that convicting an innocent person is worse than allowing a guilty person to go free.

Branches of Ceremonious Constabulary

Civil police force cases are divided into four main categories, each covering a range of issues.  See below for the types of civil cases and corresponding civil law examples.

Contract Law

Contract law deals with agreements betwixt two or more parties, each of which is obligated to hold up their portion of the understanding. For example, two parties enter into an understanding for the lease of an apartment. The Lessor has the right to use the apartment, and the landlord receives rent coin as bounty. If ane political party violates any of the provisions of the contract, they take committed a ceremonious wrong known as "breach of contract." By and large speaking, contracts may be oral or written, however in that location are certain types of contracts that must be put in writing.

Tort Police force

Tort police force is a branch of civil police force that is concerned with personal injury and civil wrongdoing. A tort is a civil incorrect, washed by one person or entity to another which results in injury or holding damage, and oftentimes involves monetary bounty to the injured party. At that place are iii categories of torts: negligence, intentional tort, and strict liability.

Negligence is an unintentional tort, to which there are iv elements that must be satisfied.

1. Duty. The defendant had a duty to act in a reasonable manner
2. Alienation of Duty, meaning that the defendant failed to deed reasonably
3. Causation. The defendant'southward breach of duty must be the crusade of the plaintiff's injury or loss
4. Damages. Monetary, property, or other loss

An intentional tort is a deliberate wrongdoing in which the defendant acted with intent to cause impairment or injury. Some examples of intentional torts include: attack and bombardment, imitation imprisonment, fraud, invasion of privacy, and intentional infliction of emotional distress.

Strict liability is a tort that does non crave actual negligence or intent to injure. It is based on an absolute or "strict" duty to ensure something is condom. Strict liability often comes into play with hazardous activities, such as bungee jumping. The company that owns the bungee cords, or offers the activity to consumers, has an absolute duty to make sure the bungee cords are intact, hooked up correctly, and are fix to operate safely. If a consumer is injured considering the cord breaks or comes undone, the company is liable for the injury under strict liability.

Property Constabulary

Property law covers both personal property and real property. Personal property can be tangible, such as jewelry, animals, and merchandise, or intangible such as patents, copyrights, stocks, and bonds. Real property refers to country and annihilation congenital on information technology that cannot be hands removed, also as anything under the surface of the land, such every bit oil and minerals. There are ii types of property police force torts: trespass and conversion.

• Trespass to chattels refers to a defendant intentionally and physically interfering with the plaintiff'due south right to possession and utilise of their personal belongings.
• Trespass to country occurs when a accused enters plaintiff'south private property without consent of the plaintiff.
• Conversion refers to a accused depriving a plaintiff of their personal property without the plaintiff'south consent, and then using the plaintiff'southward property every bit his ain.

For case, a lady sees her neighbour planting flowers in her garden, and notices she has five actress containers of flowers with no place to plant them. The lady decides she would like flowers in her garden also, and takes the leftover containers of flowers without asking for permission from neighbor. The lady deprived the neighbor of her flowers, planting them instead in her ain garden. The lady has committed conversion.

Family Law

Family law is the branch of civil law that deals with marriage, divorce, annulment, child custody, adoption, nascence, kid back up, and any other issues affecting families. This branch of civil law is unique in that there is not necessarily a person who committed a ceremonious wrong. This is peculiarly true in states that have no-error divorces. The family court gets involved with dividing upwards property and finances after a divorce, establishing kid custody, child back up, and spousal back up among other things. Some newer areas that fall under the family police umbrella are same-sexual activity marriage, artificial conception, surrogate motherhood, in vitro fertilization, and palimony.

Civil Case Example

While the lawsuit against McDonald's made national headlines, the facts of the case regarding negligence, lacking production, and breach of implied warranty brand a fascinating civil example.

Liebeck 5. McDonald's Restaurants CV-93-02419, 1995 (N.M. Dist., Aug. xviii, 1994)

This case began when 79-year-old Stella Liebeck, who was a passenger in her grandson's car, purchased a cup of java at McDonald'due south drive-through. While the machine was still parked, Liebeck removed the hat from the loving cup to add together some creamer to her java, inadvertently dropping the cup and spilling the scalding hot coffee on her lap. Liebeck suffered third-degree, deep tissue burns on her legs that required multiple surgeries and skin grafts.

Liebeck filed a civil lawsuit against McDonald's for her injuries under the torts of strict liability and negligence. This instance was controversial in that the media portrayed Liebeck's civil lawsuit as frivolous because she was suing over java beingness too hot. However, the amercement to her body, her pain and suffering, loss of income, and loss of enjoyment in life due to pain were existent and she did prevail in courtroom. The jury constitute that the defendant's product (the coffee) was defective (also hot to drink) and this constituted a alienation of implied warranty (the supposition that the java was safe to drink). The jury too found that Liebeck was 20 percent at error for her injuries.

Related Terms

• Preponderance of Evidence – the standard of proof used in most civil trials; the jury is instructed to observe for the party that has the stronger bear witness, fifty-fifty if information technology is simply marginally stronger than the other side.
• Beyond a Reasonable Doubt – the standard of proof used in criminal trials; a reasonable person would believe that the accused is guilty of the criminal offense; a higher standard than is used in civil constabulary.
• Common Law – the trunk of police that is based on judicial decisions.
• Stare Decisis – the doctrine that requires judges to utilize prior cases as precedent on which to make up one's mind current cases.
• Instance Police force – guess-made law; law that is found in collections of reported cases.
• Chattels – an item of tangible, movable property; possessions that can exist moved from one place to some other.
• Lessor – a person who leases or rents out a property; a landlord.
• Lessee – a person to whom a lease is granted; a tenant or renter.

archerrundepress.blogspot.com

Source: https://legaldictionary.net/civil-law/

Share this post