General Civil Law
What is civil law?
Civil law regulates disputes among people, businesses, or a combination of both involving private rights and obligations such as contracts, property, and personal injuries.
How does civil law differ from criminal law?
Civil law addresses private disputes and is often based on compensation. Criminal law involves crimes against the state and often comes with punishments, including imprisonment.
Read Also:
- https://legalnexishub.com/25-common-civil-law-disputes-explained/
- https://legalnexishub.com/30-key-civil-law-terms-you-should-know/
- https://legalnexishub.com/40-civil-law-faqs-answered-by-experts/
What are some of the common forms of civil cases?
Civil cases cover contract disputes, property disputes, family law matters (e.g., divorce), personal injury claims, and employment disputes.
What is the standard of proof in civil cases?
The standard is usually “preponderance of the evidence,” meaning more likely than not that the claim is true.
What is a plaintiff in a civil case?
The plaintiff is the person or entity who institutes the lawsuit and alleges harm to the plaintiff because of the defendant.
Contracts and Agreements
What constitutes a legally enforceable contract?
A contract has the basic elements of an offer, acceptance, consideration (value), mutual consensus, and legal intent.
Contract
Can a verbal agreement be upheld?
Verbal agreements can be enforceable as long as the law does not mandate that the contract be in writing, for instance with real estate agreements.
What happens if a contract is broken?
The affected party can recover remedies through damages, the performance of the contract, or cancel the contract.
What is specific performance?
A court order requiring a party to fulfill their contractual obligations when monetary damages are inadequate.
What is the statute of limitations for contract disputes?
It varies by jurisdiction but typically ranges from 2 to 6 years.
Property and Ownership
What is a property dispute?
A legal disagreement over property ownership, boundaries, or usage rights.
What are easements in property law?
Easements are rights to use another’s property for a specific purpose, such as access to a road or utility lines.
What is adverse possession?
A legal principle that enables someone to claim ownership of land after openly and continuously occupying it without the owner’s permission for a statutory period.
What are the legal remedies for trespass?
Remedies include money damages, an injunction to restrain the trespass, and, in some cases, removal of the trespasser.
What is quiet title action?
A lawsuit that determines ownership or property title.
Personal Injury and Liability
What is negligence under civil law?
Negligence is a civil wrong that happens when a person has failed to act with reasonable care and causes damage to another person’s property or well-being.
What is strict liability?
A legal principle that makes one liable for damages caused by their action, no matter how slight the intent or negligence may be; these are commonly used in product liability cases.
What is a tort?
A tort is a civil wrong that causes harm or injury and leads to legal liability; this can include defamation, assault, or negligence.
What damages may be given in personal injury cases?
Damages may also include medical bills, lost income, pain and suffering, and punitive damages for outrageous conduct.
What is contributory negligence?
A defense that the plaintiff was contributorily negligent, meaning the plaintiff’s negligence contributed to the harm, thus reducing or possibly eliminating recovery.
These questions set a foundation to understand civil law and its application.
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