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In Law, what is Civil Procedure?

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  • Written By: J. Beam
  • Edited By: Niki Foster
  • Last Modified Date: 09 November 2016
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Civil procedure is legally defined as the procedure under which civil law is carried out. It refers to civil law, which encompasses laws pertaining to business, estates, legal contracts, domestic issues, accidents, and generally anything that is not considered criminal. There are instances in which civil and criminal procedure may overlap.

Civil procedure is carried out under the jurisdiction of the civil court. Domestic relations, while falling under civil law, are often handled in domestic relations court. Civil law is an intricate and complex set of rules and regulations that apply to the filing, pursuance, and trial of civil lawsuits. Civil procedure refers only to the procedure and not to the laws themselves.

Civil laws are set at both federal and state levels. Many times, civil law and criminal law overlap, and the same case may be tried under both civil procedure and criminal procedure. For example, if a driver hits a pedestrian while driving, killing the person, he or she can be tried in criminal court for vehicular manslaughter, and the victim’s family might be able to file a civil lawsuit for the same case.

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Under civil procedure, civil laws are designed to protect a person’s civil rights or liberties. In cases in which a person’s civil rights have been violated, civil procedure defines whether or not the person can pursue legal action. It also defines to what extent action can be taken. Civil law is a specialized area of law represented by practicing lawyers. Many specialize in one particular area, whether domestic, business, or real estate, and have particular knowledge of civil procedure in their practicing area.

Depending on your circumstances and the representation you need, you can generally find attorneys by checking with your local bar association or by referring to the yellow pages. Usually specialties are listed, or you can contact an attorney who practices general law, who should be familiar with civil procedures in all areas of civil law. If you need an attorney for a situation that could lapse over into criminal procedure, you should hire a criminal lawyer.

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nicci404
Post 3

My ex-boyfriend is in prison for life. We had a child who passed away and his wife now has my child's remains and some of his belongings. I am trying to find out exactly what forms I need to file for a civil lawsuit to get him and my stuff back.

anon29710
Post 2

If you work with a person for sometime, and the person later got addicted to love your experience and would like you to work with him. Luckily you are employed to work as a full member of an organization. But a situation later arouse in salary aspects where it was agreed that you would be placed on the amount of 15,000 every month. Unfortunately, your boss later turned into a green snake under a green grass by reducing 200 out of your salary for the fact that he usually gives that to you as per feeding aspects. He aroused the issue of reducing that 200 by 31 days in a month while it was not stated in the agreement before only to sprout out excuses from different dimensions. What will you do? Is it wise to put it under a civil law issue to sort it out? What action would you take?

marxmee
Post 1

After signing up at a local convenience store, on their inside computer terminal, for joining their ongoing specials club, I found out, through a very credible and dependable inside source, at the store, that an employee or employees used my information to run a public records check on me. This employees, or employees, then proceeded to be outright malicious and told other employees in the store what they had found out about me.

Upon reading the brief privacy policy link on the web page I signed up on for these specials, I am very certain my privacy rights have been boldly violated.

Is this a "Civil Law" issue? Should I consult with a Civil Law attorney? I would appreciate someones knowledgeable feedback regarding this matter. Thank you.

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