Civil law is an essential aspect of the legal system that deals with resolving disputes between individuals, organizations, or other parties. Unlike criminal law, which deals with crimes and punishment, civil law is concerned with resolving conflicts between private parties through legal means. If you are not a lawyer, understanding civil law’s intricacies can be challenging. In this article, we provide a guide from the best lawyers in UAE to help you understand the basics of civil law.
What is civil law?
Civil law is a branch of the legal system that deals with resolving disputes between private parties, including individuals, organizations, and corporations. Civil law cases typically involve one party seeking a remedy or compensation for harm caused by another party. Examples of civil law cases include personal injury lawsuits, breach of contract claims, and disputes over property rights.
How does civil law work?
Civil law cases are initiated when one party files a lawsuit against another party in a court of law. The party who initiates the lawsuit is known as the plaintiff, while the other party is known as the defendant. The plaintiff must prove their case by a preponderance of the evidence, which means that it is more likely than not that their claims are valid.
The court will hear arguments from both parties and may call witnesses to testify. The court will decide and issue a judgment based on the evidence presented. If the plaintiff prevails, they may be awarded damages, which is compensation for the harm caused by the defendant.
What are the critical elements of civil law?
There are several key elements of civil law that you should be aware of:
Liability
Civil law is concerned with assigning liability for harm caused by one party to another party. The plaintiff must prove that the defendant is responsible for their harm.
Damages
If the plaintiff prevails in a civil law case, they may be awarded damages, which is compensation for the harm they suffered.
The burden of proof
The plaintiff must prove their case by a preponderance of the evidence, which means that it is more likely than not that their claims are true.
Civil procedure
Civil law cases follow a specific procedure, which includes filing a complaint, discovery, and trial.
Settlements
In some cases, the parties may choose to settle the issue outside of court, which involves reaching a mutually agreeable resolution.