Civil law (common law)

Source: Wikipedia, the free encyclopedia.
This article is about non-criminal law and litigation under a common law legal system. It is not to be confused with the entirely separate legal system known as "civil law".
For other uses, see Civil law.

Civil law is a major branch of the

legal persons) amongst themselves is the primary concern of civil law.[6][7] The common law is today as fertile a source for theoretical inquiry as it has ever been. Around the English-speaking world, many scholars of law, philosophy, politics, and history study the theoretical foundations and applications of the common law. [8]

Civil litigation refers to

common informers to sue for a penalty in civil proceedings.[10]

Because some courts have both a civil and criminal jurisdiction, civil proceedings cannot be defined as those taken in civil courts.[11] In the United States, the expression "civil courts" is used as a shorthand for "trial courts in civil cases".[12][13] In England and other common-law countries, the

balance of probabilities.[14] In civil cases in the law of the Maldives, the burden of proof requires the plaintiff to convince the court of the plaintiff's entitlement to the relief sought. This means that the plaintiff must prove each element of the claim, or cause of action in order to recover.[15]

The cost of pursuing civil litigation has sometimes been highlighted as excessive relative to the scale of the issue to be resolved. Where costs are too high, they can restrict access to justice.[16]

See also

References

  1. ^ a b Glanville Williams. Learning the Law. Eleventh Edition. Stevens. 1982. p. 2.
  2. ISBN 0 00 470009 0
    . Page 68. Definition 4 of "civil law".
  3. ^ Glanville Williams. Learning the Law. Eleventh Edition. Stevens. 1982. pp. 2 and 9 and 10
  4. ^ Card, Richard. Card, Cross and Jones: Criminal Law. Twelfth Edition. Butterworths. 1992. Paragraph 1.3 at page 1.
  5. ^ Glanville Williams. Learning the Law. Eleventh Edition. Stevens. 1982. p. 19.
  6. ^ Card, Richard. Card, Cross and Jones: Criminal Law. Twelfth Edition. Butterworths. 1992. Paragraph 1.2 at page 1.
  7. ^ "Civil law definition and meaning". Collins. Retrieved 19 July 2022.
  8. ISBN 978-0-521-84642-4
    .
  9. ^ Somji, Q., What is civil litigation?, Witan Solicitors, published 3 December 2021, accessed 9 December 2023
  10. ^ Owen Hood Phillips, A First Book of English Law, Fourth Edition. Sweet & Maxwell. 1960. pp 208 & 209
  11. ^ Owen Hood Phillips. A First Book of English Law. Fourth Edition. Sweet & Maxwell. 1960. p 208.
  12. ^ Baum, Lawrence. American Courts: Process and Policy. Seventh Edition. Cengage Learning. 2012. Chapter 7. p 139.
  13. ^ Anton, Peter. "Law". Retrieved 13 August 2021.
  14. ISBN 9780199698325. p 108
    .
  15. ^ Husnu Al Suood. The Maldivian Legal System. Maldives Law Institute. 2014. p 214.
  16. ^ Jackson, R. (2010), Review of Civil Litigation Costs: Final Report, "Foreword", published by TSO (The Stationery Office), archived on 15 February 2010, accessed 9 December 2023. See Review of Civil Litigation Costs
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