Civil Law Basics

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead
Lesson goal
To provide an introduction to the basics of civil law
in Virginia.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead
Students will learn:
• What civil law is and how it differs from criminal law
• What torts are
• Parental liability in Virginia
• Courts with jurisdiction in civil cases
• Limits on contracts by minors
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead
Civil law
Civil law is the term used to describe non-criminal law having to
do with private rights and remedies related to property,
commerce, and administrative matters.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead
Civil law, cont.
Someone who violates a criminal law may be jailed, fined, or
placed on probation.

By contrast, someone who is liable under civil law may be

ordered by a court to pay a sum of money to another person or to
take some other action to remedy a problem.
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• So for example, someone who attacks another person may

be charged criminally with assault and battery. However,
the victim may also pursue the matter civilly by suing the
attacker for damages such as broken glasses, medical bills,
and lost wages that are related to the attack.

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead
What is a tort?
Tort refers to an action that harms another person or his or her
property.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead
Juveniles, torts, and parental responsibility
What if a juvenile commits a tort in Virginia?
• The fact that someone is a juvenile does not, by itself,
release the person from responsibility for a tort.

• Courts look at many factors

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juvenile will be held responsible.

• In Virginia, the parents of persons under the age of 18

may be held liable for up to $2,500 for damages to public
or private property.
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
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Courts of jurisdiction
In what courts are civil cases heard in Virginia?
• Civil cases may be heard in either General District Court
or Circuit Court, depending on the amount of the claim.

• Circuit Courts have concurrent

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District Courts in claims over $4,500 but not exceeding
$25,000 and exclusive original jurisdiction in claims
exceeding $25,000.

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead
Contracts
Contract law is one of the most significant areas of law.
• A contract is an agreement with specific terms between
two or more persons or entities in which there is a
promise to do something in return for a valuable benefit
known as “consideration.”
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• Contracts are at the heart of most business dealings.

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead
Examples of contracts
Credit card agreements: The credit card company agrees to
allow the cardholder to use the card, and thereby borrow money
up to a limit, and the cardholder agrees to repay the money, with
interest, according to the terms in the contract.

Contract for services: In Virginia

Subheadpublic schools, the teachers
have signed contracts with the school boards.

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead
Who can make contracts?
In most cases, in Virginia, you must be at least 18 years old to
enter into a legally binding contract without parental consent.

In this area of the law, someone who is younger than 18 is

referred to as a “minor.”
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Minors are not considered to be “competent” to make a contract.

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead
Contracts and minors
Most businesses will require a parent or another responsible
adult to “cosign” a contract. The cosigner becomes
responsible for the contract.

One exception is when a minor contracts for “necessities,”

such as food or shelter. Subhead
• A minor who goes into a restaurant and orders food is
bound to pay for the meal.
• A minor who stays at a hotel is bound to pay for
the lodging.

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead
Contracts and minors, cont.
There are a few circumstances under which the law recognizes a
person younger than 18 years of age as an adult and permits his
or her signing certain contracts. These include:
• Persons in the armed services.
• Persons who are married.
• Those who have been “emancipated”
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Emancipation is a court procedure that frees a minor from

parental control. (Code of Virginia, § 16.1-331.)

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead
“Take it or leave it” contracts
Did you know that when you use software or Facebook, you sign
a contract?

• A Take it or Leave It Contract is a standardized contract

form that offers goodsSubhead
or services to consumers on
essentially a “take it or leave it” basis without giving
consumers realistic opportunities to negotiate terms that
would benefit their interests.

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead
“Take it or leave it” contracts, cont.
• It is commonly phrased “I Agree” or “I Do Not Agree.” If
the user does not select “I Agree,” he or she is not allowed
to use the software.

• When you use software or Facebook, you sign

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this type of contract.

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead
Review and recap

You have learned:

• What civil law is and how it differs from criminal law

• What torts are

• Parental liability in Virginia

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• Courts with jurisdiction in civil cases

• Limits on contracts by minors

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

 OFFICE OF THE ATTORNEY GENERAL
COMMONWEALTH OF VIRGINIA • WWW.AG.VIRGINIA.GOV

For more information about Virginia laws that affect teens,

visit www.virginiarules.org

© Office of the Attorney General of the Commonwealth of Virginia