Civil law is one of the main components of the legal system, which involves conflicts between a person and an organization or a combination of both. As opposed to criminal law whereby cases of state offences are committed, civil law concerns cases like disputes in contracts, property and personal injuries. Notwithstanding the importance, the civil law is associated with a lot of misconceptions, and people do not always understand their duties and rights. In this blog, we will unveil some of the most widespread myths and unearth what the civil law is all about.
Myths
Myth 1: The civil law cases are all about money.
Financial compensation is one of the commonest myths associated with civil law. The damages are usually an element of civil litigation, but the civil law consists of much more than financial claims. Some of the civil disputes may include proprietary rights, contractual rights, family, employment and even injunction which may need an individual to behave in a particular manner or avoid doing so. An example is a civil suit that seeks to compel a contract to be enforced and not monetary compensation, as it emphasizes that the civil law is one that deals with both rights and remedies and not just in money.
Misconception 2: Civil law is not serious enough as compared to criminal law.
Civil law is considered to be less serious as many people assume that this is not a criminal offense. It is a fatal fallacy. The outcomes of civil disputes may be very serious, such as massive loss of money, reputation and protracted lawsuits. An example – losing a civil case on breach of contract may cost business hundreds of thousands of dollars and it may result in bankruptcy. Equally, support or custody cases in the family law may have a significant effect on lives. Civil cases have a high stakes and it can be expensive to treat them lightly.
Misconception 3: You should have a lawyer all the time.
Legal representation is highly advices in civil cases, but it is not necessarily done by law. In other conflicts especially small claims cases, individuals are given the option of representing themselves. Nevertheless, it may be difficult to sail through the civil law without a professional support, particularly where the legal process involved is complicated and has deadlines and evidence mandatory. With the help of a Civil Lawyers Applecross, it is possible to receive strategic consultation, develop a legal document correctly and negotiate the settlement, which will enhance the chances of success. Thus, you never know when you should have a lawyer but the presence of one is often a good idea.
Misunderstanding 4: Civil law is fast and simple.
The other myth is that the civil cases are solved fast. The fact is that civil litigation may be a long and complex process. A civil case can take months or even years to resolve it, starting with filing complaints and motions, leading to the discovery and trial. Most cases are resolved outside of the court, yet even the settlement talks are time-intensive. It is imperative to learn that the civil law can relate to the process of careful preparation, strict adherence to the procedures and can take a considerable amount of time.
Myth 5: Supreme court rulings are final.
Others feel that after a judge or a jury has given a verdict in a civil case, the case is closed and the case is closed forever. As a matter of fact, in most cases, civil judgments can be appealed, challenged or amended given the right conditions. Appeals enable the parties to challenge legal mistakes, flaws in the procedure or misinterpretation of the law. The appellate process is often a difficult concept to comprehend, particularly when the case in question might involve a case such as a gross amount of finances, property, or personal rights.
Misconception 6: A civil law is identical to a criminal law.
Civil and criminal laws are usually mixed up as they all concern courts and a legal process. The main distinction is in the goal: criminal law penalizes offenders in order to safeguard society and civil law settles the conflicts of personal interests. The factual load of evidence is also different. In the criminal cases the prosecution has to demonstrate guilt beyond a reasonable doubt, whereas in the civil cases it has to show that the evidence is more than likely to be accurate, meaning that one side is more likely to be right. Mistaking the two may result in the misconception of your rights and obligations in both situations.
Misconception 7: Only big companies or the rich are dealing with civil law.
Civil law does not preserve the rich and the companies. Ordinary citizens are exposed to civil law on a daily basis when handling landlord and tenant, personal injuries, contract disputes as well as family law. Knowledge of civil law is essential to all the people as it regulates a lot of in everyday life, whether it is the purchase of a house or the conflict in a workplace. The lack of knowledge about civil law rights may cause avoidable issues and unwarranted costs.
Conclusion
Civil law is important in ensuring fairness and settlement of disputes in the society. Nevertheless, the lack of comprehension of their rights and duties can arise due to the ignorance about the scope, seriousness, and processes involved.
Uncertainty about what is true and incorrect constitutes the greatest obstacle to resolving civil disagreements and by demystifying these myths, we hope individuals would move on with the resolution of civil disputes with confidence. Be it a contract dispute, property dispute, personal injury claim, you need to be aware of the facts of civil law to take the initial move of safeguarding your interests and getting a just resolution.
