You may have heard of “civil law” or “civil lawsuits,” but do you know what it means and entails? Here is some basic information to help you out:
Civil law is sometimes referred to as “any law that is not criminal.” Unlike criminal law, where the emphasis is on punishment, in civil law the emphasis is on disputes between members of a community, including individuals, businesses and government, often resulting in monetary compensation by one person/party to the other. It is the area of law regarding disputes involving individuals and/or organizations. It generally involves an attempt to right a wrong. Civil law regulates the behavior of people toward one another and of people toward the property of others.
Types of Civil Cases
- In civil litigation, there are several types of civil lawsuits and situations that may warrant representation. Common civil litigation areas in which attorneys practice include:
- Contract disputes/breach of contract
- Obligations disputes
- Property disputes or damages
- Torts (a physical or psychological wrong or damage against another person, whether intentional or not) that result in harm, including negligence, libel and accidents
- Succession disputes
- Car accidents
- Class action matters
- Administrative law matters
- Business disputes
- Commercial law disputes
- Complaints against the city when the city has declined settlement
- Temporary restraining orders
- Minor’s compromise
Rules Governing Civil Lawsuits
Civil lawsuits and civil attorneys must adhere to the laws set forth by certain governing bodies. The California Code of Civil Procedure spells out the civil law rules and procedures, as do the California Rules of Court and the local Rules of Court (rules of the court where the case is filed). The actions of civil attorneys bringing about civil lawsuits are governed by these rules.
In a civil lawsuit, the plaintiff and attorney bring a case for money damages against the defendant for causing damages, either physical or emotional. These lawsuits may be based on disputes between people, businesses, government and other entities. In civil cases, the question is whether the party being sued is responsible for the injuries suffered. In civil lawsuits, the parties bear the cost of litigation, although some cases may be handled on a contingency basis where the lawyer will get paid only when the case is settled. Civil attorneys have no obligation to take a case on a contingency basis.
In a civil lawsuit, the civil attorneys must prove the case by a “preponderance of the evidence,” which means there is enough evidence to believe that the plaintiff’s claims are true. Criminal cases use the “beyond a reasonable doubt” standard, which is more difficult to prove. Additionally, criminal prosecutions require a unanimous decision by all twelve jurors, while civil lawsuits require agreement only by nine of the twelve jurors. The parties may also stipulate to a jury of less than twelve.
For more key issues in civil law, visit the San Diego County Bar Association website.
This information is for educational purposes only and is not intended to provide legal counsel or serve as legal advice. If you have a civil law matter, it is best to consult the advice of an attorney. You can get referred to an attorney for a free 30-minute consultation through the San Diego County Bar’s Lawyer Referral & Information Service at www.sdcba.org/ineedalawyer or by calling 1 (800) 464-1529.