Civil law is a significant branch within the common law legal systems, such as those established in England and Wales and the United States. Within these jurisdictions, it stands in direct contrast to criminal law, carving out its own distinct domain of legal principles and proceedings. This area of law encompasses private law, which deals with the intricacies of civil wrongs and the obligations arising from quasi-contracts. Furthermore, it forms the bedrock for contract law and the comprehensive law of property, with the notable exclusion of property-related crimes like theft or vandalism.
Much like criminal law, civil law can be further dissected into substantive law, which defines rights and duties, and procedural law, which outlines the methods for enforcing those rights and duties. The fundamental concern of civil law lies in the establishment and regulation of the rights and duties that exist between persons – encompassing both natural persons, the individuals we are, and legal persons, such as corporations and organizations. The common law, as a whole, continues to be a fertile ground for theoretical exploration, engaging scholars across law, philosophy, politics, and history in its foundational principles and practical applications. When the term "civil law" is employed within the context of a common law system, it specifically denotes that segment of the law which does not involve criminal offenses.
The common law system, with its origins tracing back to medieval England, is frequently juxtaposed with the civil law legal system, which has its roots in France and Italy. While the latter often manifests in codified legal texts, akin to the renowned Napoleonic Code, the common law evolves primarily through case law. This case law emerges from the decisions rendered by judges, where prior court rulings are recognized as binding precedent, shaping future legal interpretations and judgments.
Civil litigation itself refers to the formal legal proceedings initiated to resolve a dispute arising from an alleged civil wrong. The objective is typically to seek redress for the harm suffered, often in the form of monetary damages. This process formally begins when one party notifies another of their perceived cause for action. It is a common perception that civil litigation is pursued primarily for the purpose of obtaining compensation for injuries sustained. This distinguishes it from criminal proceedings, which are designed to impose punishment. However, this distinction is not absolute, as exemplary damages or punitive damages can indeed be awarded in civil cases. Historically, in some common law jurisdictions, it was also permissible for common informers to initiate civil proceedings to claim a penalty.
It is crucial to understand that civil proceedings cannot be definitively identified simply by the court in which they take place, as some courts possess both civil and criminal jurisdiction. Within the United States, the phrase "civil courts" is often used as a concise way to refer to trial courts that handle civil cases.
Across England and other common-law nations, the burden of proof in civil proceedings generally rests on demonstrating a case on a balance of probabilities. This standard of proof, while subject to certain exceptions like committal proceedings for civil contempt, signifies that the evidence presented must suggest that the claim is more likely true than not. In the Maldives, for instance, the burden of proof in civil cases requires the plaintiff to persuade the court of their entitlement to the relief they are seeking. This necessitates that the plaintiff meticulously prove every element of their claim, or cause of action, to achieve a favorable outcome.
The financial outlay associated with pursuing civil litigation has, at times, been criticized as disproportionately high, particularly when measured against the magnitude of the dispute. Such elevated costs can, regrettably, act as a significant impediment to accessing justice for many.