Civil cases are different from that of criminal procedures. There are a number of significant distinctions that are observed by the Federal courts, when dealing with both civil and criminal cases. The law in itself is different from civil and criminal actions. Civil law essentially deals with the responsibilities and onuses of private citizens to on another. In civil cases, the disputes normally arise amidst private individuals, even though the government may occasionally be one of the parties involved in a civil case.
In any civil case, the court tries setting a particular dispute amidst the parties involved in the case, by considering the various legal rights of the individual(s). The court further takes a decision regarding the most apt solution, like for instance, presenting the injured party some form of monetary damages or giving out an official order according to which one of the parties involved would be directed to either carry out or abstain from a particular deed.
Currently, in the United States, the number of civil cases are far surpassing the number of criminal cases presented in both the Federal as well as the State courts. However, the kind of media attention that such civil cases attract is far limited when compared to the kind of attention garnered by criminal cases.
According to Judicial scholar Herbert Jacob "Every broken agreement, every sale that leaves a dissatisfied customer, every uncollected debt, every dispute with a government agency, every libel and slander, every accidental injury, every marital breakup, and every death may give rise to a civil proceeding."
Civil law in the United States comprises of five different kinds. They are namely:
Contract law – This is basically related to voluntary agreements signed between two or more individuals. Examples of such agreements include sale deeds, employment agreements, rental agreements, etc.
Tort Law – This law is generally defined as the law of civil injustices. This essentially deals with conduct that basically leads to either damage or fails to meet some societal standards.
Property Law – As the name indicates, this law deals with property. However, in the United States, there is a distinction that exists between real property as well as personal property. While real property deals with real estate and buildings, personal property is related to furniture, houses, bank savings, money, etc. As per civil property law, property by default denotes real property and there is not much significance that personal property holds in the civil law.
The Law of Succession – This law basically deals with the legal passage or transfer of property from the older generation to the younger generation. The legal system of the United States recognizes the rights of an individual to dispose his or her personal property as per the person’s wish. The disposal of property generally takes place through the execution of a will and such a will, in case the person who would have made the will dies, is enforced by the civil court. On the contrary, if a person with a property dies, and he or she has not made any will, then in such situations, the State would hold the right or responsibility to dispose the property.
The Family law – Issues like marriage, divorce, rights of children, custody of children in cases of divorce, etc., fall under the purview of Family law.
Majority of civil disputes are generally settled through the alternate dispute resolution (ADR), which happens in a special court or even under the supervision of an administrative body appointed by the government.
References
The US Embassy. (2008, May 14). U.S. Civil Court Process. Retrieved from IIP Digital: http://iipdigital.usembassy.gov/st/english/publication/2008/05/20080522223236eaifas0.2138025.html#axzz3xLJoHju4
