What is Civil Law and How Does it Differ From Criminal Law?
Civil law is a legal system that originated in mainland Europe and has since spread throughout much of the world. It draws inspiration from classical Roman law (c. AD 1-250) as well as Justinian Code doctrines which provided sophisticated models for contracts, rules of procedure, family law, wills, and monarchical constitutional systems.
Criminal law, on the other hand, is a type of legal system that seeks to punish wrongdoings with social repercussions. Examples include murder, rape, drug dealing and other crimes that could cause harm if not addressed.
Civil law differs from criminal law in that it seeks to compensate those injured or wronged by an offender’s actions, while criminal law seeks to put people behind bars for breaking a law.
People who have been injured or wronged often take legal action and file lawsuits against those responsible. These suits can be against individuals, companies, and even government entities.
A plaintiff in a lawsuit must demonstrate that the defendant caused harm to them and that their damages are reasonable. Unless the court finds otherwise, defendants typically bear full responsibility for all damages sustained unless it can be established that they did not cause them.
Civil law places a lower burden of proof than criminal law. When determining guilt or innocence, judges and juries weigh all evidence against the defendant and, if there is more than 50% in favor of the plaintiff’s position, then they will rule in their favor.
Unfortunately, this rule isn’t always followed. Sometimes judges attempt to reach a compromise between parties in order to reach an outcome that both sides can agree upon and is fair for all concerned.
Many countries employ both common law and civil law systems, though the two differ in several respects. Civil law systems tend to make more reference to statutes than their common law counterparts do, while judges in civil law systems typically make their own rulings and serve as the primary source of law.
Common law and civil law differ in how cases are brought to trial. In a common law system, two lawyers present the case to a judge for consideration, with the judge making their ruling after hearing from both attorneys.
Contrary to common law systems, which usually feature juries for trials, civil law systems often do not employ juries. Instead, judges hear evidence and decide if a case should proceed to trial before an impartial panel.
