Civil law is a legal system that is focused on resolving disputes between individuals, businesses or organizations. It is also referred to as private law and involves the use of civil litigation to settle issues. The civil law system operates on the idea that parties should be held accountable for their actions, which can lead to compensation for damages if someone has been wronged.
Civil law typically covers areas such as contracts, property relations, family law, inheritance, and tort law. It involves the use of legal procedures in resolving disputes between two parties that have a disagreement about something.
Civil law works by using various legal procedures such as lawsuits and alternative dispute resolution processes to settle disputes between two or more parties. These processes require the plaintiff (the person who files the lawsuit) to prove that their claims are valid while, on the other hand, the defendant tries to defend themselves.
Tort law is an area of civil law that deals with situations where one individual causes harm or injury to another. It provides remedies such as monetary compensation (damages) for harm caused by negligence or intentional acts.
Some examples of civil litigation include contract disputes, personal injury cases, property disputes and breach of fiduciary duty cases. In all these cases, one party has suffered harm or loss and turned to the court system to seek justice.
Dispute resolution refers to methods used in resolving conflicts without going through litigation. Alternative dispute resolution methods include negotiation and mediation where an impartial third party assists both parties in reaching a mutually acceptable settlement.
The benefits of using civil law include having access to clear and concise legal codes that outline what is acceptable behavior and actionable offenses. It also offers clear avenues for individuals to seek compensation when they have been wronged.
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Menkel-Meadow, C., & Schneider, A. K. (Eds.). (2016). Negotiation: Processes for problem-solving (Vol. 2). Wolters Kluwer Law & Business.
Riskin, L. L., & Westbrook, J. L. (Eds.). (2017). Dispute resolution and lawyers (Vol. 1). West Academic Publishing.
Note: All references are written in APA format.
