12. 12) Civil procedure in the uk.

Civil actions are started by private individuals, companies or organizations, for their own benefit. The cases are usually heard in different courts, and juries are not so often used in civil cases. If the plaintiff has shown that the defendant is liable, the main remedy in a civil court is the amount of money, or "damages", which the defendant should pay to the plaintiff.

The standards of proof are higher in a criminal case than in a civil one, since the state does not wish to risk punishing an innocent person. The court will weigh all the evidence and decide what is most probable.

Civil procedure is the body of law that sets out the process followed by courts when hearing cases of a civil nature. These rules govern how a lawsuit may be commenced, what kind of service of process is required, the types of pleadings, applications and orders allowed in civil cases, the conduct of trials, various available remedies, and how the courts and clerks must function.

The County Court (or the Small Claims Court) deals with cases between people or companies who believe that someone owes them money. The magistrates’ courts also deal with many civil cases, mostly family matters plus liquor licensing and betting and gaming work.

More complex civil cases are reserved for trial in the Divisional Courts of the High Court of Justice. They also have the capacity to hear appeals from lower courts and tribunals. The Civil Division of the Court of Appeal, as the second highest tier in the English legal system, can reverse or uphold a decision of the lower civil courts. Finally, the Supreme Court, as the court of last resort, hears appeals on points of law of general public importance from many areas.

13. 13) Civil procedure in the usa.

Civil procedure in the United States has three distinctive features. First, it follows an adversarial model of dispute resolution. Parties initiate and propel litigation in this model, and the judge plays the relatively passive role of umpire.

Second, civil procedure in the United States is dominated by positive law: codified rules enacted by legislatures or their delegates. The common-law materials are almost entirely judicial opinions.

Finally, the purpose of civil procedure is, as the Federal Rules of Civil Procedure state, “to secure the just, speedy, and inexpensive determination of every action and proceeding. But the adversarial character of civil dispute resolution in the United States, have made the goals of “speedy and inexpensive” determinations increasingly difficult to attain. No one foresees the replacement of the adversarial model by the inquisitorial model of dispute resolution. But the adversarial model is changing in response to widespread criticisms of the cost and efficiency of civil litigation.

14. 14) What is a tort? Types of torts.

A tort is a civil wrong that can be remedied by awarding damages. These civil wrongs result in harm to a person or property that forms the basis of a claim by the injured party. The harm can be physical, emotional or financial. Most torts involve, in some part, the doctrine of "negligence." The concept of negligence can generally be describes as (i) the inability of a person to act in a certain situation as we expect from him and (ii) an injury which results from that inability.

Torts divided into three categories: intentional torts (e.g. unfair competition), negligent torts (e.g. causing an accident by failing to obey traffic rules) and strict liability torts (e.g. liability for making and selling defective products).

There are also a number of different types of torts. They are malpractice, assault and battery, products liability, fraud, premises liability, automobile accidents, defamation/invasion of privacy.

The basic purpose of tort law are to prove compensation for harm and deter other protentional tort.