Civil Cases in the Common Law System
In the common law system, civil cases involve disputes between individuals or entities over rights, obligations, or liabilities. Unlike criminal cases, which are prosecuted by the state, civil cases are initiated by the aggrieved party (the plaintiff). Key aspects include:
Nature of Disputes: Civil cases typically involve issues such as contracts, property, family matters, and torts (civil wrongs like negligence).
Burden of Proof: The plaintiff must prove their case by a “preponderance of the evidence,” meaning it is more likely than not that the defendant is liable.
Remedies: The primary remedies in civil cases are monetary compensation (damages) and specific performance (court orders compelling a party to act or refrain from acting).
Court Procedures: Civil cases follow structured procedures including pleadings, discovery, trials, and appeals. The process is designed to ensure fairness and due process for both parties.
Civil Cases in Bangladesh
In Bangladesh, the civil justice system is based on the common law tradition, influenced by its British colonial history. Key aspects include:
Legal Framework: Governed by the Code of Civil Procedure 1908, the Specific Relief Act 1877, and other relevant laws.
Types of Disputes: Common civil cases involve property disputes, family law issues (such as divorce and inheritance), contract disputes, and tort claims.
Court System: Civil cases are handled by District Courts for original jurisdiction and the High Court Division of the Supreme Court for appeals and significant matters.
Procedures: Involves filing suits, written statements, evidence collection, hearings, and judgments. The process is designed to resolve disputes fairly and efficiently.
Rights and Remedies: Parties have the right to fair hearings, legal representation, and appeal. Remedies include damages, injunctions, and specific performance.
At K. M. Hasan & Jurists, we offer expert legal services for handling civil cases in Bangladesh & abroad. Our team provides comprehensive support throughout the legal process, including:
Legal Representation: Providing robust representation in court to protect clients’ interests.
Advisory Services: Offering expert advice on civil law matters, including case assessment, strategy, and potential outcomes.
Documentation and Filing: Assisting with the preparation and filing of necessary legal documents, pleadings, and evidence.
Negotiation and Mediation: Facilitating negotiations and mediations to achieve amicable settlements where possible.
Appeals and Post-Judgment Support: Representing clients in appeals and providing support for enforcement of judgments.
With our extensive experience and deep understanding of civil law, K. M. Hasan & Jurists is committed to delivering effective legal solutions and ensuring justice for our clients.