Civil Procedures are legal entities that establish the rules and standards that the court takes when prosecuting a civil suit (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case can begin; what kind of process services (if any) are required; types of application or statement of cases, movements or applications, and orders allowed in civil cases; time and manner of deposition and discovery or disclosure; implementation of trials; process for assessment; various solutions available; and how courts and clerks should function.
Video Civil procedure
Difference between civil and criminal procedure
Some systems, including Britain and France, allow governmental people to file criminal charges against others. Prosecutions are almost always initiated by the state to punish defendants. Civil action, on the other hand, is initiated by individuals, companies or private organizations, for their own benefit. In addition, governments (or their subdivisions or institutions) may also be parties to civil action. Cases are usually in different courts. However this is distinguished from civil criminal actions.
In jurisdictions based on the British common law system, the party who filed criminal charges (in many cases, the state) is called "prosecution", but the party that carries most of the forms of civil action is the "plaintiff" or "prosecutor". In both types of actions, the other party is known as the "defendant". A criminal case against someone called Ms. Sanchez will be described as "The People v. (=" Versus "," against "or" and ") Sanchez," "State (or Commonwealth) v. Sanchez" or "[Name of Country] v. Sanchez" in the United States and "R. (Regina, that is, Queen) v. Sanchez" in England and Wales. But the civil action between Ms. Sanchez and Mr. Smith is "Sanchez v. Smith" if it was started by Sanchez, and "Smith v. Sanchez" if it was started by Mr. Smith. Smith (though the order of names of names may change if the case is appealed).
Most countries make a clear distinction between civil and criminal procedures. For example, a criminal court may force defendants convicted to pay fines as punishment for their crimes, and legal costs both from prosecution and defense. But victims of crime generally pursue their claims for compensation in civil action, not criminal. In France and the UK, however, victims of crime may be inadvertently given compensation by a criminal court judge.
Evidence from criminal proceedings is generally accepted as evidence in a civil action about the same. For example, a road accident victim does not directly benefit if the driver who injures him is found guilty of inconsistent driver crimes. He still has to prove his case in civil action, unless the applicable collateral estoppel doctrine, as it does in most American jurisdictions. In fact he may be able to prove his civil case even when the driver is found not guilty in a criminal trial, because the standard for determining errors is higher than the standard for determining errors. However, if a driver is found by a civilian jury not to be negligent, a prosecutor may be expelled from accusing him of crime.
If the plaintiff has indicated that the defendant is responsible, the main effort in a civil court is the amount of money, or "damages", which the defendant shall pay to the plaintiff. Alternatives to civilian recovery include restitution or transfer of property, or orders to withhold or order certain actions.
The standard of proof is higher in the criminal case than the civilian, because the state does not want to risk punishing innocent people. In British law, prosecutors must prove the guilt of a "no-doubt" criminal; but the plaintiff in a civil suit is required to prove his case "on the balance of probability". Thus, in a criminal criminal case it can not be proven if the person or person judging it doubts the suspect's faults and has a reason (not just a feeling or intuition) for this doubt. But in a civil case, the court will consider all the evidence and decide what is most likely.
Maps Civil procedure
Civil procedural type
Civil procedures have traditionally been divided into inquisitorial and hostility.
Civil procedure by country
- Brazil
- Canada
- England and Wales
- German
- India
- The Netherlands
- Romanian
- Scotland
- United States
- South Africa
- Uganda
See also
- Affirmative Defense
- Civil Justice Justice Act
- Criminal procedure
- Jurisdiction
- Laches
- Objection
- Prejudice (legal)
- Statute of limits
- Summary of judgment
- Time limit
- Novo test
References
External links
- Civil Procedure applicable to England and Wales
- Full text of the Federal Civil Procedure Rules (Cornell Univ.)
- Rhode Island Civil Code Rules - Optimized by Police from law libraries at 6th Rhode Island District Court
Source of the article : Wikipedia
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