What is Civil Law and Civil Law Attorney

What is Civil Law and Civil Law Attorney:

What is Civil Law and Civil Law Attorney

In recent years, there have been misconceptions of the term “civil law” which are contrary to its real meaning and definition.

Formally, civil laws are codes guiding and watching civilians’ relationships with their cohorts. Explicitly, civil laws are to ensure equity, in times of legal disputes between families, civilians in the same businesses, shareholders, employers and employees, landlords, and tenants.

In contrast to criminal laws which are mostly mistaken as civil laws, whose aims are to ensure punishment is given to civilians found guilty of a crime. The purpose of civil law is to settle legal battles such as;

  1. Defamation
  2. Copyright Infringement clash
  3. Property ownership rifts
  4. Divorce
  5. Property damage
  6. Negligence of medical doctors resulting in the death of patients

Historically civil laws are compilations of legal ideas, which are painstakingly extracted from a fundamental body of legal works known as Corpus Juris Civilis, enacted by a Roman emperor, Petrus Sabbatius Iustinianus Augustus, however, latterly issued in 534 by order of Justinian I of Byzantine emperor.

Civil law was conceived with inspiration gotten from French civil codes, the late Medievalistic legal codes of the early German people, the canon law of the catholic church, and feudalism.

civil law began originating from continental Europe, however today it has been embraced by over 150 countries in different continents of the world, such as;  Asia: Indonesia, Japan, Kyrgyzstan, and Lebanon. Africa: Countries colonized by continental Europe. North America, Quebec, Louisiana Etc.

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Other key Notes of Civil Laws:

Civil laws consist of concise general principles, which are flexible to change. And they are usually codified.

Civil laws can be interpreted by creative jurisprudence, to suit a need or social change.

Code of Civil Procedures, 1908

The Code of civil procedure 1908, is an instrument guiding civil law. It is divided into two parts; the first part encompasses 158 sections, and the second part consists of 1 schedules of 51 orders and rules. Civil law cases are narrated or argued in the court of law, using civil procedure code. Therefore, it’s expected of a civil lawyer to be vast in the knowledge of CPC.

Key Branches of Civil Laws:

Contract Civil Law.

Contract laws are one the most commonly used law. The primary aim of a contract civil law is to provide tangible alternatives for a contract breach and medium or strategies the aggrieved party can deploy to attain justice in the court of law. The act controlling the contract laws is known as the Indian Contract Act, of 1872. The act would shed light on a valid and invalid contract.

Family Law

Family law is a popular branch of civil law. These are laws that ultimately oversee family issues or matrimonial disputes, and ensure resolution. These issues include; Family Will, Divorce in Marriages, etc. The following acts govern the family law

  • Dissolution of Muslims Marriage Acts, of 1939.
  • The special marriage acts of 1954.
  • Hindu succession act of 1925.
  • Parsi Marriage and Divorce Act of 1839.
  • Hindu Marriage Act of 1955.

Business or Commercial Laws.

Commercial laws are laws that watch over a legal establishment and investment, of firms. Then in times of disputes in these firms, the commercial law act would be used to file a formidable lawsuit to defend the grieved. The commercial law acts are;

  1. Companies Acts of 1956
  2. Sales of goods act of 1930
  3. SARFAESI Acts 2002
  4. Indian Partnership Act 1932

Administrative Civil Laws

These are laws that watch and check and balanced decisions made by the government of countries that adopt civil laws to their jurisdictions.

Who is Civil Law Anthony?

These are specialized civil lawyers sometimes referred to as litigators. They’re vast in the knowledge of civil laws and are being hired to defend a civil lawsuit. They would engage in resolving personal rifts between their clients and prosecutors, then sometimes request money as compensation for their innocent-bylaw clients.

The works and responsibilities of a Civil Anthony.

Civil Anthony is bestowed with the responsibility of resolving legal rifts between their clients and a party, by taking advantage of all provided legal means.  These legal means include:

  1. Interviewing the two parties to understand better what orchestrated the rift, so as to build a formidable lawsuit.
  2. Interviewing witnesses from the battle
  3. Arguing with convincing proofs and points in the courtroom
  4. Communicating or negotiating a resolution or settlement procedures with the opposite party’s

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Instances of Civil Disputes:

Instances 1.

A grieved property owner whose land was ceased by local chiefs, king, or thugs, may storm the court of law to seek justice. He would be advised to hire a civil law Anthony, who would then file a lawsuit to defend him. In the end, a resolution would meet the dispute, and the land owner will be given his property, and be compensated.

Instance 2.

An oppressed tenant, whose landlord is tyrannic,  imposing and inflating a monetary bill or commanding him to leave the rented apartment without quick notice, may approach the court of law for justice. Civil Anthony would come to his rescue, by filing a lawsuit to defend himself and prosecute his landlord. In the end, if he’s found guilty, he would leave the rented apartment otherwise, he would be given a quick notice, which would buy him more time in the apartment.

Instances 3

If a patient dies due to the negligence of a doctor. The family of the deceased may approach the court of law, and hire a professional civil Anthony who would then file a lawsuit against the doctor. After the court hearings. The judge may ask the doctor or his insurance company to pay a huge amount of money as compensation to the deceased family. And if the deceased families were not satisfied with the compensation could still approach higher courts.

Attributes and Portfolio of a civil Attorney

  • Must possessed a Higher Education Certificate
  • Must possess a Bachelor’s degree in Legislative Law (LLB), or Bachelor of Arts and Legislative Law and other popular law courses.
  • Master’s degree in popular Law courses

To be vast in the knowledge of civil laws, one may need to further academically by trying to possess a master’s degree in Law.

Working Experience:

The experience under an established civil lawyer or a legal organization.

Communication skills: A civil lawyer is expected to, in the courtroom, speak eloquently and articulately.

Interpersonal relations skills: A lawyer would meet with people from different backgrounds. And people who are mostly disturbed by one or two casualties. So they are expected to calmly listen to everyone that approaches them.

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