Civil Law

Civil law is a branch of the law. In common law legal systems such as the United States, the term refers to non-criminal law, which can include both amicable and adversarial dealings with other parties. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law.

Civil Procedure

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.

Rights and Duties

The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings.

Statutory Law

Illinois is notable in that almost all of its sui generis civil procedure systems are codified in statutory law, not in rules promulgated by the state supreme court or the state bar association. The position taken in Illinois is that to protect the rights of the citizens of a representative democracy, civil procedure should be directly managed by legislators elected by the people on a frequent basis, not judges who are subject only to direct elections as is the case in Illinois. Illinois has a strong tradition of popular sovereignty and is among the minority of U.S. states whose enacting clauses and criminal prosecutions are done in the name of the people, rather than the state. The other problem with having judges manage civil procedure rules is that they are usually too busy with their regular caseloads to directly draft new or amended rules themselves. As noted above, most of the real work is delegated to appointed advisory committees.