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civil law - Coggle Diagram
civil law
COURTS
In general, civil cases are heard in the High Court or the County Court.
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Family cases, however, take place in the Family Court.
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STANDARD OF PROOF
Civil cases have to be proved 'on the basis of probabilities'. This is a much lower standard of proof, where the judge makes the final decision on who's right.
This means it is possible for the defendant who has been guilty in a criminal case to be found liable in a civil case based on the same facts.
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OUTCOME OF CASE
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At the end of a civil case, anyone found liable will be ordered to put right to the matter as far as possible.
This is usually done by an award of money in compensation known as damages trough the court can make other orders such as injunction.
INTRODUCTION
Civil law is about private disputes between individuals and/or businesses. There are several types of civil law
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HUMANS RIGHT LAW
It supports the rule of law in many ways. For example all rights must be applied about discrimination the European convention on human rights sets out the right to liberty. This right should only be taken away when it is accordance with the law, such as imprisoning someone who has been found guilty of murder. The convention also states that there is a right to a fair trial. So the rule of law is central to any legal claim.
LAW OF CONTRACT
it recognises that, in most cases, people should be free to make agreements they wish. However, it does recognise that consumers may have very little choice in making contracts for businesses and that there is no quality between parties. Contract law provides some rights for consumers.
LAW OF TORT
many torts aim to protect people and their property and give the right to claim compensation the damage caused by breaches of the law. It is the person affected by the tort who claims. One of the problems is that public funding for making claims and talked through the court is no longer, this means that although everyone has the right to claim so there appears to be equality, before the law in fact a financial problems can make it difficult for many people to claim. The 'no-win no fee' agreements can be used to fund such claims but there are still problems.
PURPOSE OF THE LAW
Civil law upholds the rights of an individuals.
The courts can order compensation in an effort at putting the parties in the position they would have been if there had not been a breach of the civil law.
PERSON STARTING THE CASE
In civil cases the person starting the case is the individual or the business which has suffered as a result of the breach of civil law.
The legal name for the person starting the case is called a claimant.