Civil procedure - wikipedia Civil procedure This article has multiple issues. Please help improve it or discuss these issues on the talk page. ( Learn how and when to remove these template messages ) This article 's tone or style may not reflect the encyclopedic tone used on Wikipedia. See Wikipedia 's guide to writing better articles for suggestions. ( September 2013 ) The examples and perspective in this article may not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. ( February 2011 ) Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits ( as opposed to procedures in criminal law matters ). These rules govern how a lawsuit or case may be commenced ; what kind of service of process ( if any ) is required ; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases ; the timing and manner of depositions and discovery or disclosure ; the conduct of trials ; the process for judgment ; various available remedies ; and how the courts and clerks must function. Contents 1 Differences between civil and criminal procedure 2 Civil procedural types 3 Civil procedure by country 4 See also 5 References 6 External links Differences between civil and criminal procedure Some systems, including the English and French, allow governmental persons to bring a criminal prosecution against another person, prosecutions are nearly always started by the state, in order to punish the accused. Civil actions, on the other hand, are started by private individuals, companies or organizations, for their own benefit. In addition, governments ( or their subdivisions or agencies ) may also be parties to civil actions. The cases are usually in different courts, and juriescases. However this is distinguished from civil penal actions. In jurisdictions based on English common - law systems, the party bringing a criminal charge ( in most cases, the state ) is called the `` prosecution '', but the party bringing most forms of civil action is the `` plaintiff '' or `` claimant ''. In both kinds of action the other party is known as the `` defendant ''. A criminal case against a person called Ms. Sanchez would be described as `` The People v. ( = `` versus '', `` against '' or `` and '' ) Sanchez, '' `` The State ( or Commonwealth ) v. Sanchez '' or `` ( The name of the State ) v. Sanchez '' in the United States and `` R. ( Regina, that is, the Queen ) v. Sanchez '' in England and Wales. But a civil action between Ms. Sanchez and a Mr. Smith would be `` Sanchez v. Smith '' if it were started by Sanchez, and `` Smith v. Sanchez '' if it were started by Mr. Smith ( though the order of parties ' names can change if the case is appealed ). Most countries make a clear distinction between civil and criminal procedure. For example, a criminal court may force a convicted defendant to pay a fine as punishment for his crime, and the legal costs of both the prosecution and defence. But the victim of the crime generally pursues his claim for compensation in a civil, not a criminal, action. In France and England, however, a victim of a crime may incidentally be awarded compensation by a criminal court judge. Evidence from a criminal trial is generally admissible as evidence in a civil action about the same matter. For example, the victim of a road accident does not directly benefit if the driver who injured him is found guilty of the crime of careless driving. He still has to prove his case in a civil action, unless the doctrine of collateral estoppel applies, as it does in most American jurisdictions. In fact he may be able to prove his civil case even when the driver is found not guilty in the criminal trial, because the standard to determine guilt is higher than the standard to determine fault. However, if a driver is found by a civil jury not to have been negligent, a prosecutor may be estopped from charging him criminally. 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. Alternative civil remedies include restitution or transfer of property, or an injunction to restrain or order certain actions. 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. In English law the prosecution must prove the guilt of a criminal `` beyond reasonable doubt '' ; but the plaintiff in a civil action is required to prove his case `` on the balance of probabilities ''. Thus, in a criminal case a crime can not be proven if the person or persons judging it doubt the guilt of the suspect and have a reason ( not just a feeling or intuition ) for this doubt. But in a civil case, the court will weigh all the evidence and decide what is most probable. Civil procedural types Civil procedure is traditionally divided into inquisitorial and adversarial. Civil procedure by country Brazil Canada England and Wales Germany India Netherlands Romania Scotland United States South Africa Uganda See also Affirmative defense Civil Justice Fairness Act Criminal procedure Jurisdiction Laches Objection Prejudice ( law ) Statute of limitations Summary judgment Time constraints Trial de novo References Jump up ^ Case citation # Supreme Court of the United States ^ Jump up to : Richard Powell ( 1993 ). Law today. Harlow : Longman. p. 34. ISBN 978 - 0 - 582 - 05635 - 0. OCLC 30075861. Jump up ^ `` Civil Procedure in Cross-Cultural Dialogue : Eurasia Context ''. ssrn.com. SSRN 2280682. Missing or empty url = ( help ) ; access - date = requires url = ( help ) External links Wikisource has the text of the 1905 New International Encyclopedia article Civil Procedure. Civil Procedure Rules applying to England and Wales Complete text of Federal Rules of Civil Procedure ( Cornell Univ. ) Rhode Island Civil Court Rules of Procedure - Optimized by a Constable from the law library at the 6th District Court of Rhode Island Law Core subjects Administrative law Constitutional law Contract Criminal law Deed Equity Evidence International law Law of obligations Procedure Civil Criminal Property law Public law Restitution Statutory law Tort Other subjects Agricultural law Aviation law Banking law Bankruptcy Commercial law Competition law Conflict of laws Construction law Consumer protection Corporate law Cyberlaw Election law Energy law Entertainment law Environmental law Family law Financial regulation Health law Immigration law Intellectual property International criminal law International human rights International slavery laws Labour Law of war Legal archaeology Legal fiction Maritime law Media law Military law Probate Estate Will and testament Product liability Public international law Space law Sports law Tax law Transport law Trust law Women in law Sources of law Charter Constitution Custom Divine right Human rights Natural and legal rights Case law Precedent Law making Ballot measure Codification Decree Edict Executive order Proclamation Legislation Delegated legislation Regulation Rulemaking Promulgation Repeal Treaty Statutory law Statute Act of Parliament Act of Congress ( US ) Legal systems Civil law Common law Chinese law Legal pluralism Religious law Canon law Hindu law Jain law Jewish law Sharia Roman law Socialist law Statutory law Xeer Yassa Legal theory Critical legal studies Comparative law Feminist Law and economics Legal formalism History Natural law International legal theory Principle of legality Rule of law Sociology Jurisprudence Adjudication Administration of justice Criminal justice Court - martial Dispute resolution Fiqh Lawsuit / Litigation Legal opinion Legal remedy Judge Justice of the peace Magistrate Judgment Judicial review Jurisdiction Jury Justice Practice of law Attorney Barrister Counsel Lawyer Legal representation Prosecutor Solicitor Question of fact Question of law Trial Trial advocacy Trier of fact Verdict Legal institutions Bureaucracy The bar The bench Civil society Court Election commission Executive Judiciary Law enforcement Legal education Law school Legislature Military Police Political party Tribunal Index Outline Portal NDL : 00567693 Retrieved from `` https://en.wikipedia.org/w/index.php?title=Civil_procedure&oldid=787748533 '' Categories : Civil procedure Legal procedure Hidden categories : Pages using web citations with no URL Pages using citations with accessdate and no URL Wikipedia articles needing style editing from September 2013 All articles needing style editing Articles with limited geographic scope from February 2011 Talk Contents About Wikipedia Azərbaycanca Čeština Dansk Deutsch Eesti Ελληνικά Español فارسی Français 한국어 हिन्दी Hrvatski Italiano עברית Lietuvių Magyar Nederlands 日本 語 Português Русский Slovenčina Srpskohrvatski / српскохрватски Türkçe Українська Winaray 中文 Edit links This page was last edited on 27 June 2017, at 09 : 22. 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Question: who starts the proceedings in a civil case
Answer: private individuals, companies or organizations