private/civil>what's the diff? (1 Viewer)

[sly fly]

Hey, I was just wondering....what exactly is the difference between private law and civil law. Im not referring to civil law in terms of the Roman legal system. I mean the civil law that is applied within Australian law. It seems to me that both of them are collective terms for governing the relationship between individuals and they branch off into various areas (ie.torts, contract, property etc). So yeah, does anyone know what the difference is?

Thanks in advance

 

[goan_crazy]

From my notes:
oPRIVATE LAW: Law that deals with disputes between private individuals
Includes contract law (commercial matters),tort law (wrong doings) &property law
Governs relationships & responsibilities between individual citizens within society
Ensures these responsibilities are not breached
4 main areas of private law:
*Contract law *Property law
*Tort law *Family law


oCIVIL LAW: Any matter not covered by criminal law, private mattersDeals with disputes between private individuals, not usually involving the police
Allows individuals to take action against other individuals for breaches of civil duty & responsibility
Cases are determined on the balance of probability
Ensures rights of the individual are protected
Justice is served through payment of money or making good the wrong done.

Hope that helped
Joe

 

[sly fly]

ahh ok, thanks guys

 

[Ziff]

Civil law allows individual citizens to enforce their legal rights which have been breached by other citizens. This includes contract law (where if one party breaches the contract the other party can sue for performance or damages), tort law (where if one party is harmed by another, the harmed party can sue for damages) etc etc. It is basically a way to make sure people can enforce their legal rights against other individuals.

Private law is a bit broader. It doesn't necessarily refer to enforcing one individual's legal rights against another. It is still specific in that it relates to individuals, groups or families though. Generally, it utilises the state in resolving disputes e.g. Family Law.

Public law of course refers to the society as a whole and affects the society as a whole e.g. Taxation law.