civil law

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Civil law is a branch of the law. In common law legal systems such as England and Wales and the United States, the term refers to non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law.It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil proceedings.Because some courts have both civil and criminal jurisdiction, civil proceedings cannot be defined as those taken in civil courts. In the United States, the expression "civil courts" is used as a shorthand for "trial courts in civil cases".In England, the burden of proof in civil proceedings is, in general—with a number of exceptions such as committal proceedings for civil contempt—proof on a balance of probabilities. In civil cases in the law of the Maldives, the burden of proof requires the plaintiff to convince the court of the plaintiff's entitlement to the relief sought. This means that the plaintiff must prove each element of the claim, or cause of action in order to recover.

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  1. Thinkaboutit

    WA Civil Damages for Stolen Property?

    I recently had a bike stolen and noticed it was advertised and sole on Gumtree the next day. Immediately after the theft I reported it to the police and also put them in contact with Gumtree community support so they could work out who the bike was sold too (as buyer would need the sellers...
  2. loveorfear

    NSW Telling the truth online

    Hi - so people I bought property with overseas have told lots of lies, broken clear agreements, and extorted me from my agreed share in the property, including blocking access to it, and not paying any rent for over two years. They are rich and hiding, obfuscating and not answering questions...
  3. Wildwood

    VIC Defeasible Title

    Criminal fraudulently applied for mortgage over our rural property In 2013 & mortgage was registered, he defaulted, bank Attempted to possess & sell property when we were alerted to what happened. We joined Court proceedings as aggrieved third parties, the bank withheld documentation even after...
  4. A

    Civil Liability Act 2003 (Qld) s 5

    Hi, can someone explain to me what Civil Liability Act 2003 (Qld) s 5 actually means? I'm having such a hard time understanding it.
  5. J

    I have a judgment but the defendant hasn't paid

    A mutual agreement was made on 29/07/2019 for the sale of goods valued at $780.00AUD, note that it was via an online platform ( i'm based in Canberra, she is in Brisbane) . They buyer sent a false 'proof of payment' screenshot in which by then i had already sent the items to her. We've been...
  6. E

    QLD Out of time - do I submit a statement of claim after misconduct tribunal?

    Hi Everyone, I've got a unique situation. I believe I am entitled to compensation due to somebody breaching their duty of care to me but the 3 year limitation period comes up next week and I'm yet to lodge a statement of claim with the court. I'm comfortable I satisfy all the elements to pursue...
  7. M

    VIC My ex gave away my stuff

    hello, My daughters father suggested I store my excess furniture and business stock (I do home staging) at his house. He has a garage and storage room. I needed to store things like chairs, tables, cushions etc as I was moving home. I stored around $5000 worth of stuff at his house. On Xmas...
  8. M

    VIC How to Introduce Voice Recording and Its Transcript as Evidence?

    Generally speaking, in civil law proceedings that involve with Family law Act and Defamation Act, what is the correct way for either party to introduce voice recording as well as its transcript as evidence? I understand that generally speaking audio recording as evidence is a tricky one, but...
  9. B

    QLD Dog Attack with Civil Claim for Negligence?

    Hi everyone, Before I begin on the situation, I understand there is going to be a lot of controversy about what should happen and I only ask you to keep your minds open. I am not here to be shamed, only for opinion. About six months ago, my dog was declared as dangerous as he jumped the fence...
  10. K

    NSW I have been Scammed - Civil or Criminal?

    This question is on behalf of my female friend. The question is whether this scenario is considered a civil wrong or a criminal offence.. Or not illegal? My friend was online recently, She was approached by someone, for this scenario his name is "Fred" and her name is "Lea" Fred offered her...