40 Civil Law FAQs Answered by Experts

General Civil Law

What is civil law?

Civil law refers to the body of law that deals with disputes between individuals or organizations involving private rights and obligations, such as contracts, property, or personal injury.

How does civil law differ from criminal law?

Civil law resolves private disputes and usually involves compensation, while criminal law addresses offenses against the state and may result in penalties like imprisonment.

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What is the standard of proof in civil cases?

The standard is “preponderance of the evidence,” meaning it is more likely than not that the claim is true.

What are some examples of common civil law cases?

Contract disputes, property disputes, personal injury claims, family law issues, and employment disputes.

What does a civil court do?

Civil courts hear cases involving private disputes and issue rulings or orders to resolve them.

Beginning a Civil Case

Who is a plaintiff?

The party or organization that initiates a lawsuit by filing a complaint.

Who is the defendant in a civil case?

The party or organization sued or accused of doing something wrong.

What is a complaint?

A legal paper filed by the plaintiff setting forth the allegations and claims against the defendant.

What is the statute of limitations?

The time permitted to file a lawsuit; different for each kind of case, and varying in each jurisdiction.

What is a summons?

A legal paper that notifies the defendant of a lawsuit and instructs him or her to appear in court.

Court Procedures

What is discovery in a civil case?

The pre-trial phase where parties exchange evidence and information relevant to the case.

What is a deposition?

A sworn, out-of-court testimony given by a witness during the discovery phase.

What is a motion in civil law?

A formal request for the court to make a ruling or take specific action.

If the defendant fails to respond to the summons, What happens?

A default judgment will be entered for the plaintiff

Can a case be dismissed with prejudice?

YES, cases dismissed for lack of evidence, and procedural errors also when both sides of the case may have reached an agreement.

What are contracts? What makes one legally enforceable?

Offer and Acceptance consideration (value exchange), mutual intent to contract, a legal purpose.

What happens in case of contract breach?

The injured party may have remedies such as money damages, rescission of the contract, or specific performance.

Are verbal contracts enforceable?

Yes, but certain types of contracts (e.g., real estate contracts) must be in writing under the statute of frauds.

What is a non-compete clause?

A contract term that restricts an individual from working with competitors for a specified time and geographic area.

What are liquidated damages?

Pre-agreed monetary compensation for breaches outlined in the contract.

Property Disputes

Adverse possession

A legal principle allowing a person to acquire title to land after openly and continuously occupying it without permission for a statutory period.

Easement

A legal right to use another person’s property for a specific purpose, like access to a road.

Quiet title action

A lawsuit to resolve disputes or clarify ownership of property titles.

Encroachment in property law

The act of trespassing into another person’s property.

Trespassing

Unauthorized use of another’s land. This includes:

•Constructing a structure that crosses over onto the property line.

Which of these is one of the remedies for a trespass?

Compensatory damages and/or injunction and/or removal of the trespasser

Personal Injury

What is negligence?

Improper performance or failure to exercise reasonable care to avoid injury to another person.

What are compensatory damages?

For actual losses such as:     

•Medical treatment;

•Lost wages; and

•Property damage.

What are punitive damages?

Additional damages to punish egregious misconduct and deter similar conduct by others.

What is strict liability?

Holding someone legally responsible for harm without proof of negligence, often applied in product liability cases.

What is contributory negligence?

A legal defense where the plaintiff’s own negligence contributed to their injury, possibly reducing or barring recovery.

Family Law

What is a prenuptial agreement?

A contract signed before marriage outlining property division and financial responsibilities in case of divorce.

What is joint custody?

A custody arrangement where both parents share decision-making responsibilities for the child.

What is spousal support?

Financial support paid to a former spouse after divorce, also known as alimony.

What is a restraining order in family law?

A court order protecting individuals from abuse or harassment, often in domestic violence cases.

What is the difference between legal and physical custody?

Legal custody involves decision-making rights, while physical custody determines where the child lives.

Resolving Civil Disputes

Mediation:

A procedure whereby a neutral third party facilitates settlement of the parties’ dispute, but doesn’t impose any binding decision.

Arbitration

A form of dispute resolution involving a binding, final judgment imposed by a neutral arbitrator on the basis of evidence and information presented.

Settlement:

A voluntary, enforceable agreement by the parties to settle the controversy without presenting it to the judge or jury in court.

Does a civil case have the possibility of an appeal?

Yes. The court’s judgment is reversible if legal and procedural errors occur.

What happens if the losing party doesn’t comply with the court’s judgment?

The winning party can seek enforcement through methods like garnishing wages or placing liens on property.

These FAQs provide a comprehensive overview of civil law and its applications.

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