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Civil Law

Civil Law

Custody Laws and Family Court

October 3, 2018

Child custody laws in our system are coded under the laws governing family relationships.  This area of the civil law is known as Family Law.  Child custody statutes are usually found under the laws specifically related to the Divorce procedure.  However, child custody laws are also applicable to separation cases where the dissolution of the marriage is not the final objective.

Like most civil laws, child custody laws are to be considered within their relationship to other laws.  The capacity of a child to make decisions related to his or her care is directly associated with their capacity or lack thereof, to make decisions regarding marriage, suing or entering in a contractual relationship.

The reasoning behind this is that to enter in a contract agreement the person must be fully aware of the kind of responsibilities and duties he or she is engaging in.  Therefore, for a contract to be valid and binding, the parties must have the maturity and the awareness to fully understand the consequences of what they are signing.  This is known as the person’s legal capacity.  The requirement of legal capacity is also applicable to making decisions regarding getting married or filing a law suit.  The capacity to fully understand is the fundamental factor when examining a person’s ability to agree.  It is assumed that a person cannot agree upon anything she or he does not fully understand.  This is called: consent.  Consent is a fundamental element in any bilateral relationship.  We must consent when getting married and we must consent when signing an application or a contract.

In regards to the custody of a child, it is assumed that a minor lacks the capacity to fully understand, thus consent, to accept – in an intelligent fashion – what it takes when assuming the responsibility of taking care of his or herself.  That is where the court comes in.  The judge will be making the decision that a minor cannot make: which parent is better called to be named the primary custodian of the minor.  Which parent is best qualified to protect and secure the child’s best interests.  This is what a child custody case is all about, to provide for the child’s support and education, to secure the child the best possible future regardless of his or her parents decision to separate or get divorce.

 

Civil Law

Civil Law Vs Common Law

June 13, 2018

Every country in today’s society has laws that are established within their country that they must follow. If people do not follow these rules then they face the appropriate consequences for disobeying them. Some countries are run similar and others are run very differently. There are two major traditional laws which are civil and common law. These are the two most frequent laws throughout the world. Civil is the most familiar amongst countries especially in Europe and Asia. Common law is more natural amongst North America. Both of these were historically established many years ago. There are several differences between the two laws but they do overlap with some similarities also.

The term civil law derives from the Latin word ius civile, the law applicable to all Roman citizens. This was established in the sixteenth century. Europe was the first to adopt this law and almost all of Europe taught this at all their universities. Civil law is considered codified. Each civil law country has their own codes to determine the different punishments for each of the categories of law. Some examples of these codes are procedural, substantive, and penal. Procedural law determines what actions constitutes a criminal act, substantive law establishes which are required of criminal or civil prosecution, and penal law decides the proper penalties. It is the judge’s job to gather the facts of the case and distinguish the correct codes that apply to the case.

The main countries that civil law is in today are China, Japan, Germany, France, and Spain. Each of these countries has a written constitution. One major difference between civil law and common law is that it is required for the country to always have a written constitution. On the other hand common law doesn’t always have one. An issue that one can argue is that civil law is not as effective because it is broken up into different codes and not just one whole. But civil law having several codes to put input into these issues helps with a final decision.

Common law is similar but also very different from civil law. This law is uncodified which means there is no compilation of legal rules and statutes. These laws are also known as case laws or precedent. A key difference between the two laws is that the common laws have been developed based on results that have occurred in older court cases. For example, when there is a case that the parties disagree on then they refer back to precedential decisions of relevant courts and follow the reasoning used by those courts. It is considered more complicated than many other simplified systems because there are several different courts within the system but not all have the same power of jurisdiction. Some courts having more powers than others can cause issues within these rules because not everyone has an equal say.

Common law was established in the middle ages in the King’s Court. It exists in the United States today but its origin is England. It mainly exists in North America but is also spread amongst a few other countries. It was adopted by the states following the American Revolution. There were many guidelines throughout the world during this time but common law took dominance during the seventeenth century.

Most countries are based off some sort of tradition from that past. These two laws, common and civil, were both established around the sixteenth century. They have shaped the way most countries make their judicial decisions. Countries in South America, Europe, and Asia follow civil law which was founded in the sixteenth century by the Romans. Civil law is codified which means they have continuously updated legal codes that apply to all issues that could be brought up in court. Countries in North America and several in Africa follow the common law which was founded in the late Middle Ages in England. Common law is mainly based off of precedent decisions made by judges and are maintained through records of the courts. These laws are what shape countries’ societies today.

 

Civil Law

Civil Law: What It Is, And How It Affects You

September 18, 2017

Civil law is one of those subjects many people don’t know much about (no, watching those court TV shows is no substitute for actually learning what civil law is), and yet it affects them every day. If you’re ever involved in litigation, you may need to hire a civil lawyer.

What Is Civil Law Anyway?

Civil law deals with dispute resolution. This covers a broad range of specific areas, and civil lawyers (a.k.a. litigants) generally specialize in one or two practices. A civil defense attorney can be found in the courtroom representing a defendant in a medical malpractice suit and the next day they might deal with a dispute concerning environmental law.

Think of it this way: Many centuries ago, you might have witnessed two champions, each selected by someone involved in a dispute, fighting each other. The champion who won the fight essentially won the dispute for the person who hired them. These champions, assuming they survived, might have gone on to work for another person who had an entirely different dispute to settle.

Today’s litigants act in a very similar capacity, but without the literal bloodshed and the clanging of weapons on shields. Note that civil law concerns matters which do not include criminal charges like murder, armed theft, arson, and so on. That’s the realm of the criminal lawyer.

Under What Circumstances Should I Hire A Civil Defense Lawyer?

 

Before you start calling and sending out emails, it is best to try and understand exactly what a civil law attorney does in their job.

Civil lawyers represent clients in lawsuits as opposed to criminal trials. In general, one lawyer won’t practice both civil and criminal law. A victim has to hire their own civil lawyer, which means you’re not entitled to a lawyer provided by the court in a civil case.

If litigation concerns money at stake, you want a civil lawyer. You won’t go to jail if you lose a civil suit, so stick with a litigant. (Talking of which, a civil lawyer can represent either defendants or plaintiffs.)

You may have heard the term “insurance defense lawyer.” This refers to an attorney who specializes in representing defendants in civil cases regarding insurance claims. They are often hired by insurance companies to represent a business or individual who has been sued on a claim covered by an insurance policy.

If you are looking to fight an injunction – a court order that prevents a defendant from engaging in a certain activity – you will want to get a civil law attorney.

 

Civil Law

How to Hire a Civil Law Attorney

July 2, 2017

Civil Law is one of the most dominant legal laws in various parts of the world. It is that branch of law which usually deals with individuals, and/or organizations in which compensation is rewarded to the victim. For example, an auto accident victim can claim damages against the negligent driver for the loss or injuries which he/she has suffered in the accident. Civil law is code-based. Civil law is normally referred to both the common law and law of equity which have been historically operated to different doctrines.

Following are some of the steps which will help you select best Civil Law attorney:

Step 1: Select a lawyer who agrees to work for you on a contingency fee basis. This implies that you won’t owe the attorney any up-front payment for his/her services. The best contingency fee attorneys work on no-win-no-fee basis and they only get their fee if they succeed in winning your case.

Step 2: Gather information pertaining to various civil trial lawyers who deal with the kind of case you’re going to file or defend. Do a research about their legal history, success, and experience in Civil Law cases. Also make sure to ask about the fee structure and how you should file a lawsuit.

Step 3: Once you have completed your screening process, you can prepare a short list of lawyers. Check their details with your state bar association. This will help to ensure that your attorney meets professional standards.

Step 4: Make sure you clearly perceive the schedule of fees before signing any representation agreement.

Step 5: You must hire an attorney with whom you feel comfortable.

Step 6: Always remember to fire your lawyer if you feel that he/she is not performing to the best of his capabilities, or if he shows professional incompetence.

Whether you’re defending or initiating in a civil trial, you must always hire a civil lawyer. Hiring a Civil Law attorney will improve your chances of winning your case and will help you steer clear of any complications arising out of your Civil Lawsuit.