What Is Civil Law? (General Overview)

Business Law

“Civil law” gets used in a couple of different ways depending on the context, which can make it confusing at first. In the American legal system specifically, civil law refers to the body of law dealing with disputes between private parties — as opposed to criminal law, which deals with offenses against the state. Here’s a general look at what that actually covers and how it works.

At its core, civil law governs disputes between individuals, businesses, or organizations, where one party (the plaintiff) claims another party (the defendant) has caused harm, breached an obligation, or otherwise violated their rights, and seeks a remedy — usually money damages, but sometimes a court order requiring or prohibiting specific actions. Unlike criminal cases, civil cases aren’t about punishing someone on behalf of society; they’re about resolving a dispute and, where appropriate, making the harmed party whole.

Civil law covers a wide range of areas. Contract law deals with disputes over agreements between parties — one side failing to deliver goods, pay for services, or meet other agreed terms. Tort law covers situations where someone’s actions (or failure to act) caused harm to another person, including personal injury claims, property damage, and professional negligence. Property law addresses disputes over ownership, use, or transfer of real estate and other property. Family law, though it involves deeply personal matters, is technically a branch of civil law too, covering divorce, custody, and related disputes. Employment law, landlord-tenant disputes, and business disputes between companies also generally fall under the civil law umbrella.

The procedures and standards in civil cases differ meaningfully from criminal cases. The person bringing the case (the plaintiff) must prove their claim by a “preponderance of the evidence” — meaning it’s more likely than not that their version of events is accurate — which is a lower bar than the “beyond a reasonable doubt” standard used in criminal trials. There’s also no right to a court-appointed attorney in civil cases; each side is generally responsible for hiring and paying for their own legal representation, if they choose to have one at all.

A civil case generally moves through several stages: filing a complaint that lays out the claim, the defendant responding, a discovery period where both sides exchange evidence and information, and then either a settlement, a trial, or (in some cases) resolution through arbitration or mediation instead of a courtroom trial. Many civil cases actually settle before ever reaching trial, since litigation tends to be expensive and time-consuming for both sides.

It’s worth noting again that a single event can sometimes lead to both a criminal case and a civil case running independently — someone accused of assault, for example, might face criminal prosecution by the state while also being separately sued civilly by the victim for damages, with the two cases proceeding on their own timelines and standards.

Where Civil Law Shows Up in Everyday Life

Civil law covers many ordinary situations, such as disputes over contracts, property, family matters and personal injury. Most people encounter it at some point, even if they never go to court.

How a Civil Case Usually Begins

A civil case often starts when one person or business files a complaint asking a court to resolve a dispute or award compensation. The other side then responds, and the parties may exchange information before any hearing.

Settling Without a Trial

Many civil disputes are resolved through negotiation or mediation instead of a trial. A settlement can save time and cost, but it is worth understanding the terms before agreeing.

Two Meanings of “Civil Law”

The phrase is used in two ways. Most often, as in this article, it refers to the part of the law that deals with disputes between people or organizations, as distinct from criminal law. It can also describe a type of legal system, common in continental Europe and elsewhere, that is based mainly on comprehensive written codes.

Most of the United States follows the common law tradition, in which court decisions play a central role, though Louisiana’s private law draws on the civil law tradition.

Main Branches of Civil Law

Civil law covers a wide range of subjects. Contract law governs agreements. Tort law addresses harm caused by wrongful conduct, such as negligence. Property law deals with ownership and use of land and belongings. Family law covers marriage, divorce, and children. Other branches include employment law, landlord and tenant law, consumer protection, and the law of wills and estates.

Who Is Who in a Civil Case

The person or organization that starts the case is the plaintiff, sometimes called the petitioner. The party being sued is the defendant or respondent. Each may be represented by an attorney or may appear without one. A judge manages the case and decides legal questions, and in some cases a jury decides the facts.

The Standard of Proof

In most civil cases, the plaintiff must prove the claim by a preponderance of the evidence, meaning that it is more likely than not to be true. This is a lower standard than the proof beyond a reasonable doubt required in criminal cases. Some civil matters require clear and convincing evidence, a standard that falls between the two.

The Stages of a Civil Lawsuit

After the complaint is filed and served, the defendant files a response. The parties then exchange information in discovery, through written questions, document requests, and depositions. Either side may file motions asking the judge to decide all or part of the case without a trial.

If the case is not resolved, it goes to trial, where each side presents evidence and the judge or jury reaches a decision. The court then enters a judgment, and the losing party may be able to appeal.

Remedies a Court Can Order

The most common remedy is compensatory damages, money intended to make up for a loss. In cases of especially serious misconduct, some laws allow punitive damages, meant to punish and deter. Courts can also issue injunctions, orders requiring a party to do or stop doing something, and declaratory judgments, which state the parties’ legal rights.

Resolving Disputes Outside of Court

Many civil disputes are settled through alternative dispute resolution. In mediation, a neutral person helps the parties negotiate their own agreement. In arbitration, a neutral arbitrator hears both sides and makes a decision, which is often binding. Contracts frequently require arbitration, so it is worth checking before filing a lawsuit.

Small Claims Court

For lower-value disputes, small claims courts offer a simpler and less expensive process. Each state sets a maximum amount that can be claimed, and the rules are designed so that people can represent themselves. Typical cases involve unpaid debts, security deposits, and minor property damage.

Time Limits for Filing

Civil claims are subject to statutes of limitations, which differ by state and by type of claim. If the deadline passes, the claim can usually be dismissed regardless of its merits. Anyone considering a claim should find out the applicable deadline early.

State and Federal Courts

Most civil cases are heard in state courts. Federal courts handle civil cases involving federal law and certain disputes between citizens of different states when the amount at stake exceeds a threshold set by law. Each system has its own procedural rules.

Winning Is Not the Same as Collecting

A judgment is a court’s decision that money is owed, but the court does not automatically collect it. If the losing party does not pay, the winner may need to use legal tools such as wage garnishment, a levy on a bank account, or a lien on property, within the limits of state law. Whether a defendant is able to pay is a practical question to consider before suing.

Who Pays Legal Fees?

In the United States, each side generally pays its own attorney fees, win or lose. There are exceptions when a statute or a contract provides that the losing party pays the winner’s fees. Court costs, such as filing fees, are often awarded to the prevailing party. Legal aid organizations may help people with limited income in some types of civil cases.

Representing Yourself

People are allowed to represent themselves in civil court, and many do, especially in small claims and family matters. Self-represented parties are expected to follow the same rules and deadlines as lawyers. Many courts offer self-help centers, standard forms, and instructions that explain the process.

If You Are Served With a Lawsuit

Read the papers carefully and note the deadline for responding, which is usually short. Do not ignore them. If no response is filed in time, the court can enter a default judgment against you without hearing your side. Gather any documents related to the dispute and consider contacting a lawyer or a legal aid office promptly.

Common Misunderstandings

A civil case cannot result in a prison sentence for losing the lawsuit, although disobeying a court order can have consequences. Being sued does not mean you did something wrong; it means a claim has been made that must be answered. And most civil cases never reach trial, because they settle or are decided earlier in the process.

Class Actions

When many people are harmed in a similar way, for example by the same product or business practice, their claims may be brought together in a class action. One or a few plaintiffs represent the whole group, and a court must approve the case to proceed in that form and must approve any settlement. People who fall within the group usually receive a notice explaining their options, including how to remain in the case or opt out.

How Long Civil Cases Take

The time a civil case takes depends on the court, the complexity of the dispute, and how willing the parties are to settle. A small claims case may be heard within weeks or months. A contested lawsuit with extensive discovery can take a year or more to reach trial, and an appeal adds further time. Delay is one reason many parties choose to settle.

Records That Help in Any Civil Dispute

Whatever the type of dispute, documentation is central. Keep contracts, receipts, invoices, photographs, letters, emails, and text messages related to the issue, along with a timeline of events and the names of people who witnessed them. Do not alter or delete relevant records once a dispute has started. Well-organized documents make it easier for a lawyer to assess your position and for a court to understand what happened.

Frequently Asked Questions

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