Civil law (common law)
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The meaning of Civil Law depends on its context.
[edit] Civil Law in Contrast to Criminal Law, Martial Law, Administrative Law and International Law
In the common law, civil law refers to the area of law involving relations between private individuals as well as between people and organizations, which through incorporation, take on the legal status of individuals. Civil law, in this sense, is usually referred to in comparison to criminal law, which is that body of law involving the state against individuals (including incorporated organizations) where the state relies on the power given it by statutory law. Civil law may also be compared to military law, administrative law and constitutional (law the laws governing the political and law making process), and international law. Where there are legal options for causes of action by individuals within any of these areas of law, it is thereby civil law.
Civil law courts provide a forum for deciding disputes involving torts (such as accidents, negligence, and libel), contract disputes, the probate of wills, trusts, property disputes, administrative law, commercial law, and any other private matters that involve private parties and organisations including government departments. An action by an individual (or legal equivalent) against the attorney general is a civil matter, but when the state, being represented by the prosecutor for the attorney general, or some other agent for the state, takes action against an individual (or legal equivalent including a government department), this is public law, not civil law.
The objectives of civil law is different to other types of law. In civil law there is the attempt to right a wrong, honor an agreement, or settle a dispute. If there is a victim, they get compensation, and the person who is the cause of the wrong pays, this being a civilized form of, or legal alternative to, revenge. If it is an equity matter, there is often a pie for division and it gets allocated by a process of civil law, possibly invoking the doctrines of equity. In public law the objective is usually deterrence, and retribution. The victim, or people secondarily harmed by the wrong, do not get compensated, except with that vague notion called 'closure', and there is no pie for division.
An action in criminal law does not necessarily preclude an action in civil law in common law countries, and may provide a mechanism for compensation to the victims of crime. Such a situation occurred when OJ Simpson was ordered to pay damages for wrongful death.
[edit] Civil Law: Common Law and Equity
Civil law in common law countries usually refers to both common law and the law of equity, which while now merged in administration, have different traditions, and have historically operated to different doctrines, although this dualism is being increasingly being set aside so there is one coherent body of law rationalized around common principles of law.
[edit] The Civil Law System in Contrast to the Common Law System
The term Civil Law is used to refer to codified civil law (legal system)s that are based on Civil Codes derived from ancient Roman law, as opposed to "Common Law" systems that have evolved from case law. There are more jurisdictions around the world, and more people who live with this form of law than live under the Common Law systems. In this system one court is not bound by the decision of another court. In this legal system there is usually a different career path for people who become judges to those who take on the role of advocates or solicitors.
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