What Is the Structure of Civil System in Court?

The English system helped establish civil courts

The civil system of courts used in many countries today is heavily based on the English legal system. Primarily, it involves cases in which a private person or company attempts to provide the court with evidence to prove liability in a defendant for a claim. This system is used in a variety of countries around the world and can be adapted into a larger system, such as the Unified Code of the U.S. Justice System, which combines civil and criminal court systems.

Function

Litigation in a civil system of courts begins with a plaintiff filing a suit against a defendant. These claims can involve a contract, wrongful action or property dispute.

Considerations

Within the system, different courts exist for different purposes. Small claims generally involve quick procedures handled by a District Court, while larger claims move to Circuit Courts, often called High Courts.

Significance

Appeals cases move through a system of increasingly higher ranking courts. For example, in the United Kingdom, a case would move from the High Court to Court of Appeals and ultimately to the House of Lords.

Types

Different divisions also exist within the civil court system. Cases that involve divorce or child custody hearings are part of the Family Division. Wills, bankruptcy and property rights are generally heard in the Chancery Division. Other disputes, such as large business conflicts or shipping problems are heard in the Queen's Bench Division or equivalent body.

Features

A court system using the civil structure usually utilizes a judge to act as the decider of cases. Juries are only occasionally used depending on the country. One feature of civil systems is the fact that cases move through the courts slower than criminal procedures.

References

• The Court System
• Appeal Routes in Civil Cases

Resources

• The Civil Court Structure