Civil Law Definition And Overview

Civil law or European Continental law or Romano-Germanic law is the principal system of law in the world. Civil law is the legal tradition that derives from Roman law. The primary feature of which is that laws are written into a collection, codified, and not (as in common law) interpreted by judges. Civil law seeks to resolve non-criminal disputes such as disagreements over the meaning of contracts, property ownership, divorce, child custody, and damages for personal and property damage.

The body of laws of a state or nation deals with the rights of private citizens. The law of ancient Rome as embodied in the Justinian code, especially that which applied to private citizens. A system of law has its origin in Roman law, as opposed to common law or canon law. Unlike criminal law, Civil law regulates relationships amongst persons and organizations. Civil law, in this sense, is usually referring to redress to civil law courts (as opposed to criminal courts) and is often used as a means to resolve disputes involving accidents (torts such as negligence), libel and other intentional torts, contract disputes, the probate of wills, and trusts, and any other private matters that can be resolved between private parties.

Conceptually, it is the group of legal ideas and systems ultimately derived from the Code of Justinian, but heavily overlaid by Germanic, ecclesiastical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legislative positivism. The function of civil law is to provide a legal remedy to solve problems. Sometimes civil law is based on a state or federal statute; at other times civil law is based on a ruling by the court.

In the United States, civil law has two meanings. One meaning of civil law refers to a legal system prevalent in Europe that is based on written codes. Civil law in this sense is contrasted with the common-law system used in England and most of the United States, which relies on prior case law to resolve disputes rather than written codes. The second meaning of civil law refers to the body of laws governing disputes between individuals, as opposed to those governing offenses that are public and relate to the governmentthat is, civil law as opposed to Criminal Law.

It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.

Pack more knowledge of law in your brain to do your duty and maintain your rights, just remember to be a good citizen.

The Craze Of Entering The Civil Service And Pursuing Graduate Studies

For over a decade, the craze of Chinese college graduates taking qualifying examinations to become civil servants has remained unabated. An important proportion of graduates views civil service as their top priority in job selection and they spare no efforts in preparing for those examinations, sometimes years before their graduation . There’s the same as Civil Service. Millions of Chinese college students sit for qualifying examinations for graduate studies, primarily in Masters programs. Students prepare for those examinations either through years of arduous self-education or by spending large sums of money attending local training schools. The publishing of examinations-related study materials and the training programs offered, both online and offline, have combined to form a sizable industry.

Faced with the harsh reality in the employment market, which is forever looking for graduates with higher degrees, many college graduates find going to graduate schools is a good way to avoid unemployment and to enhance ones competitiveness in future job hunting. To some extent, this craze is a modern revival of the ancient notion that those who excel in academics end up in officialdom. In the present-day ,there are complicated reasons underlying this phenomenon. The jobs in sectors other than civil service are insecure and unstable, and employees have to work under greater stress faced with growing competitions in the workplace and the industry. Some government departments are related to monopolized industries and civil servants can enjoy unusually high salaries and welfare benefits. Finally, government officials are usually regarded as occupying the highest rung of the social hierarchy and a student who succeeds in becoming government official is considered the pride of the family, adding prestige and glory to the entire clan.

For all the apparent attractions of the officialdom, the craze of entering the civil service is a distorted one. In the United States, truly ambitious students enter the industry instead of civil departments, where they apply their individual initiative to achieve personal success. It has already been pointed out that, with so many best minds of the nation fighting their way into the civil sectors, the consequences are catastrophic. The civil servants system, with its inherent bureaucracy and rigid rules, would inevitably turn the otherwise energetic and aggressive young people into docile followers of their superiors instructions and dutiful but mediocre implementers of executive orders. This will considerably undermine the vitality of a whole generation and the competitiveness of the entire country in the international arena. All forms of craze are accompanied by elements of irrationality and abnormality and, the sooner this craze vanishes, the better.It is really pathetic to see that students undertake graduate studies with an ulterior motivenot for the sake of loving what they study, but for the sake of merely landing a job, which in many cases might be unrelated to what they have studied.

An alarming fact about this craze is that most students pursue graduate studies not out of their voluntary will. However, without that voluntary initiative, most students who do enter graduate schools are not motivated. For them, the only thing that ultimately counts is the degree or the diploma which they expect could give them an upper hand against other job hunters. As to the actual substance of their graduate studies, its not a big deal for them, as long as it leads to that degree or diploma.The chill truth is that students soon find their anticipations are a mere dream. As so many undergraduates proceed onto graduate studies, the employment situation remains as severe as ever. Instead of bringing about apparent competitive edges, two or three years of additional academic training is simply a waste of time and energy. They need to reflect on this craze and would have been better off distinguishing themselves with outstanding knowledge and skills when they were undergraduates.

What A Civil Marriage Is

A civil marriage is not hard to define. It is the union of two people legally for life, without any religious affiliations. A government or a civil official will be present to officiate it. It is a wedding that meets all the legal requirements of the state or country. In some countries, couples are required to hold a civil ceremony first and get the legal business sorted out. Later, they can have a church wedding which will include more fun fare and traditions. How to have your wedding is a personal decision. There are many advantages that come with a civil marriage. Some of the advantages include the following. You do not have to worry about any legality because; it ensures that that everything is right. If you wish to have a simple ceremony, the civil option is the best. You just need the presence of a few witnesses and a civil official like a judge to join you together. You can have your wedding within a short notice too. The traditional wedding will require months of planning but, all that matters is the certificate. Thousands of singles go through the civil marriage never to regret it.

Remember, you always have the option of throwing a big wedding anytime. Therefore, you really have nothing to loose. As a result, the partners who get married through a civil system will have legal rights and obligations. In the United States, the government issues rights to religious leader to perform religious marriages that are recognized by the state. Ministers, priest, rabbi and others will therefore have the authority to oversee a marriage ceremony. For a marriage to be considered legal there must be an issuance of a marriage license by civil authorities. Above this the marriage needs to be endorsed or cleared by them to proceed. Gay people also enjoy the right to civil marriage. However, theirs is not a marriage but rather referred to as, a civil union. There are several states that have given same sex couples equal right to get in to civil unions and they include Vermont, Connecticut and others. Countries like Canada have also granted their gay population the right to civil unions.

Countries like the UK do not recognize same sex marriages. They are of the opinion that a family is not defined by same gender parents rather by a man and a woman who can produce offspring. If you are gay, it is vital that you find out what your state or country thinks about it. If a civil union is not allowed, you need to follow the law. Many couples have gone to places where the civil union is legal to get married. Couples have had difficulties proving to their governments that they are married. If you want to do this, know what the implications are and most importantly, do everything within the legal boundaries. If you need to get more information on this, the Internet will give you more details. Do not forget to search for the relevant information from your area of residence.

The Best Time to Get a Philadelphia Civil Rights Attorney

If you are a fan of legal dramas just like The Practice and Law & Order, at some point you almost certainly could have heard them discussing about discrimination. There’d have been suspects who have been interrogated that cried out that their civil rights were violated.

Americans are protected by certain rights under the federal constitution and special rights under the Philadelphia law. If you sense that your civil rights are being violated you might want to consult a Philadelphia civil rights attorney.

What are civil rights?

A civil rights attorney in Philadelphia will inform you that civil rights are individual independence or liberty warranted by the Constitution in spite of a person??Ts historical past (i.e. sex, race, religion and age). It does not matter if you are of Italian, Cuban or Chinese descent as long as you are an United States citizen you will be protected by the civil right law. The philosophy behind basic civil rights is always that people really should not be reprimanded or punished for features they’d no control over since it is something these folks were born into. A Philadelphia civil rights attorney would point out that basic civil rights includes freedom of speech, the right to vote, right to carry arms, rights to due process, right to assemble freely and the legal right to privacy from unnecessary government invasion.

When should you get a Philadelphia civil rights attorney?

If you have been the victim of discrimination you will need a Philadelphia civil rights lawyer to battle for your rights. As an example, if you were fired from work because you are a woman, or perhaps you were not promoted irrespective of excellent performance because of your gender or race, your Philadelphia civil rights attorney will assist you to fight for this injustice.

Should you or maybe an a family member are actually a victim of the hate crime make contact with a Philadelphia civil rights attorney to file civil and criminal charges up against the individuals who have violated your personal liberties. A hate crime is a ??obias-motivated??? often violent crime. A good example of this could be intimidation or harassing a person for being Asian, Black, or homosexual.

At times, if aperson is arrested overzealous law enforcement officers can overstep some boundaries. If you believe you are a victim of police intimidation or illegal search and seizure by the authorities talk to a civil rights attorney in Philadelphia to make sure that you are protected. Such activities, may result in the filing of criminal charges against you so it’s advisable to consult an expert. This can also help ensure that your complaint about the police or any government employee aren’t going to be swept underneath the rug.

Winning a civil rights case isn’t easy because on most occasions there exists a lack of physical evidence. For example, it is tough to claim that a person discriminated at the office unless the boss is doing it repeatedly. The boss can always point out that the other individual was promoted because his skills are more suited for the task and never because of gender. Thus, selecting the right civil rights attorney is vital. Your Philadelphia civil rights attorney will ensure that your rights are safe and will enable you to determine what evidence is required to enhance your case.

If you feel that your civil rights have been violated call a Philadelphia civil rights attorney. Ginsburg Law has the best Philadelphia civil rights lawyer for your case. Pick the right civil rights attorney in Philadelphia by visiting http://nursinghomenegligencemalpracticeaccidentsabusephiladelphiapa.com/civil-rights-attorney/

What Is The Difference Between Civil And Criminal Courts

In the United States there is a very clear distinction and separation between civil courts and criminal courts. The purpose of a civil court is to settle disputes. A common example is the division of property in a divorce case.

Criminal courts, on the other hand, prosecute those who are accused of breaking the law. A crime may be categorized as a serious violation (a felony) or a minor offense (a misdemeanor).

A felony could involve crimes such as drug dealing, robbery, or murder. If someone is found guilty of a felony, he or she is often sentenced to a term in jail or prison.

A misdemeanor may be an offense such as jay walking, littering, or parking illegally. Court appearances are not usually necessary when a person is charged with a misdemeanor. Instead, he or she usually just pays a fine.

Most of the people who are caught committing a misdemeanor are issued a summons. However, if a foreigner violates a local law he or she could be given a warning.

Anyone who has been caught committing a felony is arrested.

People who are arrested are usually frisked so that any concealed weapons can be found. They are then handcuffed and read their rights.

This includes their right to remain silent, their right to have an attorney present during their questioning, and their right to have an attorney appointed by the court if they cannot afford to hire one.

When a person is arrested for a felony he or she is given the option of waiving their rights. Because any statement that they make could be used against them in the courts, it is unadvisable for them to waive these rights.

Instead, it’s best to retain all of your rights all the time. If you ever find yourself in this situation, do not say anything until you’ve spoken with your attorney.

When people are arrested they are taken to the police department. There they will be charged with their crime and given the right to make one phone call.

If a foreigner is arrested his or her call should be made to their consulate or embassy. Otherwise, it should be made to an attorney or to the local legal aid office. Or, if necessary, it should be made to a person who can bail them out.

The accused felon will be jailed until their case goes before a judge. Usually it will be the same day they are arrested or the following day.

If there is no case to answer then the accused will be released. If the offense is minor then the accused may be released on their personal recognizance. Otherwise, bail may be set.

Bail is either cash or its equivalent amount in property value.

However, if the case is serious the judge could oppose bail.

Asbestos cases are most often decided in civil court. However, to be properly represented, plaintiffs in asbestos-related cases should be represented by asbestos attorneys.