CIVIL LAW CASE STUDY HELP
Writing civil law case study is one of the many requirements of a law student. And If you are a law student, whether of college or school our academic system expect students to write multiple case studies which makes it impossible for students to actually enjoy their college life. It makes students night’s restless as there is always a stress of completing the assignment such as civil law case study on time before the deadline. Its give you nightmares every now and then? if your answer is yes, you are at the right website , we are here to help you with your law assignment related stress.
Our website is one of the prime academic solution providers on the internet , we provide authentic and genuine assignment help services through our professional and experienced writers who are experts in their field.
What Is Civil Law?
Civil law” may refer to one of two legal concepts :-
The law relating to non-criminal damages that are caused by one person or organization to another; in this context, “civil law” is roughly synonymous with “tort law”, though it also encompasses non-torts such as bankruptcy.
A system of law that requires that any enforceable provision of law be found in a statute or other record of law, as opposed to “common law” where courts may set legal precedent in interpretation that has equal effect as statutory law. In this context, “civil law” refers to the legal system used by countries like Germany, France, or Spain.
Civil law in the US deals with things like contracts and agreements between private parties, be they corporations, the govt or private persons. The easiest way to describe it is a violation of civil law can result in the loss of money or property via a lawsuit or small claims court. You cannot go to jail or prison for such a violation as it is not a crime but usually a breach of a contractual agreement that one side has failed to carry out.
Civil law has the following 3 main branches :-
- public and administrative law
- private law
- criminal law
Within private law, distinctions can vary, but you could distinguish, among others :-
- contracts law
- torts law
- corporate law
- family law
- employment law
- insurance law
- intellectual property and patents
Law Of Contracts
Contract law is a collection of cases (court decisions and statues (legislative law) that govern agreements between individuals and entities. In the United States, most contract law is governed by at the state level through a body of common law (cases) and in most states, some statutory form of the Uniform Commercial Code, which governs the sale of goods. Depending on the subject matter of the contract, there also might be considerations arising under the regulations made by administrative agencies.
Is Civil Law and Tort Law the same?
Civil law is any law that is not criminal. Tort law is a subset of that — the law of non-criminal interpersonal injury (personal or economic). It does not include such civil issues as probate, family, civil rights, property law, or bankruptcy, among others.
Case Study Relating To Law Of Torts
Torts is not a statute like other law . Tort is also codified. Tort is known to be originated from judgements based on english law. Torts is not from India but it has its origin from England. English law recognise torts .
Torts are nothing but damages i.e it is an infringement of legal rights of a person who hasn’t suffered much, hence tat person can sue the other person for torts.
The nature of damages is only pecuniary unlike contracts. The concept of torts is to protect the person whose rights have been infringed.
The following topics come under torts :-
- Nuisance both public and private
- Trespass of immovable property and movable property
It also provides for who can sued for torts and who cannot be sued for torts.
Torts are used in civil laWS as well as criminal laws and in every statute there is torts as the person’s legal right is infringed .
Examples Of Civil Cases Relating To The Law Of Tort
An automobile accident is one example. People don’t generally intend to get into an auto accident. It’s a tort but generally not intentional.
Faulty installation of a product such as a toilet, supply line, ball cock valve assembly, water filtration, construction work that later fails are all examples of what can be described as an unintentional tort.
There are two different types of civil law.
Here in the US, civil law governs rights between private parties, as opposed to criminal law, in which the state (or federal government) prosecutes parties for crimes (on behalf of the people). For instance, a slip and fall lawsuit would be a civil lawsuit, brought by one private party against another, and generally, the remedy is monetary damages. The state would prosecute a person for an alleged crime, such as murder, with a penalty that includes the possibility of incarceration. The standards of persuasiveness differ, with civil being a preponderance of the evidence, and the criminal being beyond a reasonable doubt.
There is also a distinction between law systems. A civil law system is based upon a system founded during the Roman Empire (or maybe holy roman-not sure). It is used in continental Europe, South America, and Louisiana, among others. This is distinguished from a common law system, used in the US, England, and other parts of the commonwealth. It is derived from cases with precedential value, decided and codified over time.
Examples are conversion, i.e., taking something that is not yours, maybe I borrow your lawn mower and won’t give it back. Assault, i.e. create apprehension, the first case was a drunk beating on the door of a single woman threatening to kill her with an ax. She was not touched and the door was not broken down. The court realized there was no law at that time preventing this, so no crime, but this woman could get damages.
Usually, it is assault and battery but a battery can be found, e.g. if something is removed under anesthesia without consent but not negligently. i.e., properly done just not something you wanted to be done. Usually, misadventures under anesthesia involve a claim of negligence. A battery is another legal term that requires touching only, there need not be a battering in the way one might ordinarily think.
The BP oil spill was a $200,000,000 example of negligence.
Other torts are false imprisonment, i.e. not kidnapping (a crime) but no reasonable means of escape, e.g., “You are free to go, you just can’t have your clothes back.” intentional infliction of emotional distress, e.g., “I know I told you your dad died, I’m sorry about that, it wasn’t him after all.”
The meaning of intent is hard for people to understand as in tort law it is a legal term. It does not mean you wanted to, e.g., BP did not want that spill to happen but it was their oil well under their control and they did it. That is intent in tort law. To do it with men’s rea, e.g., “I went into the control room and intentionally opened a valve with full knowledge it would blowout because BP fired me”; that is now a different meaning of intent, an evil or perverse reason.