civil law

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Civil law is a branch of the law. In common law legal systems such as England and Wales and the United States, the term refers to non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law.It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil proceedings.Because some courts have both civil and criminal jurisdiction, civil proceedings cannot be defined as those taken in civil courts. In the United States, the expression "civil courts" is used as a shorthand for "trial courts in civil cases".In England, the burden of proof in civil proceedings is, in general—with a number of exceptions such as committal proceedings for civil contempt—proof on a balance of probabilities. In civil cases in the law of the Maldives, the burden of proof requires the plaintiff to convince the court of the plaintiff's entitlement to the relief sought. This means that the plaintiff must prove each element of the claim, or cause of action in order to recover.

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  1. shannon w

    VIC Is Being Scammed a Civil Law Matter?

    I was recently scammed out of a sum of money by a dodgy service provider. As it turns out, the police have no interest because it is a civil law matter. I have since discovered through an ASIC check that the name and abn is registered to someone else (not the person that scammed me). I don't...
  2. F

    SA Is This a Civil Law or a Criminal Law Matter?

    I work for a real estate company and arranged to purchase an air conditioner on behalf of a client using the client's funds. The air con supply company was initially contacted by phone and then via email. They issued a picking slip, funds were transferred to the air con company, they then...
  3. Raymond

    NSW Property Law - Building Company Erecting Scaffolding on My Property?

    Can a remedial building company erect scaffolding on my private parking space in my block of units without my consent under Property Law?
  4. profnick

    VIC Scammed by Conman - Criminal Law or Civil Law?

    Hello, I am in the US, married to a Cambodian woman whose brother is studying in Australia with his wife (both are returning to Cambodia). My wife just told me that her brother got hustled by a Cambodian woman married to an Aussie and living down there out of $20,000 and I wanted to know if...
  5. D

    QLD Commencing Criminal Law Action After Civil Law Action is Completed?

    Hi, Apologies for my lack of understanding, however, I am still a bit confused as to whether you can commence Criminal Law Action at the same time or after Civil Law Action. I have recently been advised that I cannot commence Criminal Law Action until Civil Law Action has completed. This seems...
  6. D

    QLD Sister's Lies - Criminal Law or Civil Law?

    Hi, I keep getting conflicting information about whether or not a crime committed against myself falls under criminal law or civil law. In short: - I became seriously ill and ended up in the hospital. - My sister advised the hospital that my illness was caused by alcohol abuse (lie). - I have...
  7. S

    NSW Legal Action to Remove Trustee - Which Party has to Pay Lawyer Fees?

    Civil Law - Trust Fund Disputes. You take legal action against another party. Wanting them removed as Trustee of a Trust Fund, that you're a beneficiary of? And your legal action is successful. In Trust Fund disputes such as this, does the losing party have to pay the lawyer fees of the other party?
  8. Herman

    NSW Miscarriage of Justice in Australian Civil Law?

    What is a civil law term that is equivalent to a miscarriage of justice? Or can the term be used to describe a grievous mistake of civil law?