Civil procedure

Source: Wikipedia, the free encyclopedia.
Not to be confused with Civil code.
For other uses, see Civil law (disambiguation).

Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process for post-trial procedures; various available remedies; and how the courts and clerks must function.

Differences from criminal procedure

In most cases, criminal prosecutions are pursued by the

civil actions are initiated by private individuals
, companies or organizations, for their own benefit. Government agencies may also be a party to civil actions. Civil and criminal cases are usually heard in different courts.

In jurisdictions based on English common-law systems, the party bringing a criminal charge (in most cases, the state) is called the "prosecution", but the party bringing most forms of civil action is the "

Commonwealth realms. But a civil action between Ms. Sanchez and a Mr. Smith would be "Sanchez v. Smith" if it were started by Sanchez, and "Smith v. Sanchez" if it were started by Mr. Smith (though the order of parties' names can change if the case is appealed).[1]

Most countries make a clear distinction between civil and criminal procedure. For example, a

prosecution and defence. But the victim of the crime generally pursues their claim for compensation in a civil, not a criminal, action.[2] In France and England, however, a victim of a crime may incidentally be awarded compensation by a criminal court judge
.

Evidence from a

criminal trial is generally admissible as evidence in a civil action about the same matter. For example, the victim of a road accident does not directly benefit if the driver who injured them is found guilty of the crime of careless driving. The victim still has to prove his case in a civil action, unless the doctrine of collateral estoppel applies, as it does in most American jurisdictions.[2]
The victim may be able to prove their civil case even when the driver is found not guilty in the criminal trial, because the standard to determine guilt is higher than the standard to determine fault. However, if a driver is found by a civil jury not to have been negligent, a prosecutor may be estopped from charging them criminally.

If the plaintiff has shown that the defendant is liable, the main remedy in a civil court is the amount of money, or "damages", which the defendant should pay to the plaintiff.[2] Alternative civil remedies include restitution or transfer of property, or an injunction to restrain or order certain actions.

The

beyond reasonable doubt"; but the plaintiff in a civil action is required to prove his case "on the balance of probabilities".[2]
Thus, in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason (not just a feeling or intuition) for this doubt. But in a civil case, the court will weigh all the evidence and decide what is most probable.

Types

Civil procedure is traditionally divided into inquisitorial and adversarial.[3]

By country

See also

References

  1. ^ Case citation#Supreme Court of the United States
  2. ^
    OCLC 30075861
    .
  3. SSRN 2280682
    . UC Irvine School of Law Research Paper No. 2013-119, University of Cambridge Faculty of Law Research Paper No. 25/2013. Retrieved 10 May 2023.

External links

New International Encyclopedia article "Civil Procedure
".
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