What is Civil Law: Everything about Civil Law!
Civil Law, also called the Civilian Law, is a set of rules that provides the details of the private rights as well as the remedies available to individuals. The law governs disputes that may arise between individuals especially in areas such as Family Law, contracts, and property. Further, civil law is different from criminal law or public law. Civil-law systems have been there since the ancient Roman period. Legal scholars have developed these systems and compiled the doctrines that govern these systems.
History of Civil Law
Though the law originated in Europe, it is the Roman law that has intellectualized its framework. The main feature of civil law is that the core principles of the law serve as the primary source because they are codified for being a preferable system. This is unlike the common law systems; the intellectual framework of which is from the decisions made by the judges and also from the precedents of the previous decisions of the courts. Another dissimilarity is that the principle of the common law is that it is not fair to treat and view similar facts and similar occasions differently.
A further peep into the history of the Civil Law will reveal that the set of the legal ideas, as well as the systems of the law, are derived from Corpus Juris Civilis. But what is Corpus Juris Civilis? It is the modern name given to a collection of basic works in jurisprudence that have been issued during the period between 529 and 534 by Justinian I, who was the then emperor of Eastern Rome. Though it is sometimes called the Code of Justinian, all these works are heavily over-laid by canonical, Germanic, feudal, Napoleonic, and local practices. Legal positivism, natural law, and codification have also contributed heavily to shape these works into what they are now.
How to deal with civil law matters?
Though not many can boast that they know full well about Civil Law, the fact remains that the chances of this law affecting people are quite high. Those who have been affected or those who have civil disputes with others should hire civil lawyers for getting over their problems or for resolving the disputes.
In short, civil law helps in dispute resolution. Those lawyers who practice this law can specialize in more than one area of this law. For example, a civil defense lawyer can represent her client in a related medical suit one day, and the next day, she may deal with an environment related case about another client.
The main difference between Civil Law and Criminal Law
It should never be forgotten that civil law deals only with matters that do not involve criminal activities or charges such as murder, arson, armed theft, and so on. It is a criminal lawyer who deals with these criminal charges.
When should a Civil Defense Attorney be Hired?
The foremost point that should be remembered is that generally, a lawyer who practices criminal law does not handle civil law cases. This means that a victim or a person with a civil dispute should look only for an attorney who deals with civil law disputes. The point is that in civil law disputes if the person loses his civil suit, he will not be sent to jail.
Civil law disputes may be related to money matters, insurance claims, income tax, fighting of injunctions, violation of civil or human rights, discrimination of various types, law violations excepting those that involve criminal activities, acts of injustice, marriage disputes including divorces, and so on. So, a civil law attorney who holds accreditation from a licensed law school and who have cleared all the examinations conducted by the law board of her country should be hired for handling disputes that are related to all these matters.
A competent civil law attorney will suitably guide the litigant who has hired her and tries to win the dispute in which the client is involved. The lawyer will explain to the client all the intricate details about the dispute as well.