Saturday, August 21, 2010

What is the difference between a Civil/Criminal Case ?

I am not good w/ the Law %26amp; wanted to know what is the difference


between Civil/Criminal ??What is the difference between a Civil/Criminal Case ?
Criminal law is a violation of state or federal law. It is a wrong against the government, or society in general.





Civil law is a wrong between two private parties. You are not jailed for a civil court.





Some other differences:


-You can be jailed for a criminal violation, not a civil one.


-A criminal conviction requires a unanimous verdict by the jury. A civil only requires 10 of 12, or 5 of 6.


-You can be summoned to both a criminal court and a civil court for the same matter. The OJ Simpson murder trial is an example.


-The burden of proof is different. A criminal trial requires proof ';beyond a reasonable doubt';. A civil trial requires a ';preponderance of the evidence';. In other words, you just need to prove it is more likely it happened than it didn't.


-The rules of evidence are different. Much of the evidence against OJ could not be used in the criminal murder trial, but was allowed for the wrongful death civil trial.What is the difference between a Civil/Criminal Case ?
There are a number of differences in both criminal and civil cases. Although this applies to UK law many other legal systems are similar.





1. BURDEN OF PROOF





In a civil case when a case is taken to court it must be proven on the ';balance of probability';. In a criminal case the burden is ';beyond all reasonable doubt';. This is because in criminal cases a person's liberty may be taken away if found in the wrong.





2. PROCEEDINGS





In civil cases the proceedings are brought by individuals. Criminal cases are usually brought by the state against the person. The exception to this is a ';Private Prosecution'; where the public can bring cases if they feel the state has not acted effectively or will not bring a prosecution on the evidence available.





3. FINE v PUNISHEMENT





In Civil actions the remedy sought by a Claimant/Plaintiff is damages. These are to compensate a party. In a Criminal action the wrongdoer is punished by imprisonment. This is not always the case as Criminal courts do have the power to fine others.





4. DIFFERENT COURTS





Different courts deal with Civil and Criminal actions. Civil cases are dealt with by the County and High Courts whilst Criminal proceedings are dealt with by the Magistrates and Crown Court.





Hope this helps!
A civil case is like a forclosure on a house or a matter between two parties. Criminal is when you break the law.
Criminal is a violation of the law.


Civil is breach of tort.
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