Criminal vs civil law is a phrase that encapsulates the two ways in which the U.S. legal system may address a wrong. Criminal law defines what constitutes a crime and what punishment is due for a proven crime. Civil law procedures cover disputes between private entities and government bodies and possible remedies that are available to the wronged party.
A single episode may result in both a civil and criminal case. For instance, assault, which may be a crime, might also result in a civil claim for damages. Criminal and civil cases are tried differently, result in different outcomes, and are based on different standards of evidence. In this article we explore the differences between criminal and civil law through a series of comparisons.
In this article, the term civil law is used in the context of non-criminal law matters. This is not the only definition of that term. Laws and procedures may be different in other jurisdictions.
Criminal vs Civil Law: The Main Differences
| Feature | Criminal law | Civil law |
|---|---|---|
| Main purpose | Address offenses that are prosecuted by the government. | Resolve legal disputes and provide remedies. |
| Parties | Government and defendant | Plaintiff and defendant |
| Examples | Theft, assault, and fraud | Contract disputes, injury claims, and property disputes |
| Standard of proof | Beyond a reasonable doubt | Usually preponderance of the evidence |
| Outcome | Acquittal or penalty | Liability or remedy |
The differences are general; there are variations for specific jurisdictions and circumstances.
What Is Criminal Law?
Criminal law is a body of laws that define crimes and determine punishment for those who commit them. A crime is an act or omission for which the government prosecutes the accused person or organization. The person or entity that is accused of committing a crime is known as the defendant. A defendant is not considered guilty of a crime; his or her innocence or guilt is proved by the bringing of a criminal case against them.
Examples of Criminal Cases
Crimes that are commonly brought before criminal courts include those in which a person or organization is alleged to have stolen, assaulted, robbed, committed drug offenses, committed fraud and other similar offenses. Whether an act constitutes a crime and which crime is defined by law. Anyone who is accused of a crime is not guilty unless a criminal case against them proves their guilt.
Possible Criminal Law Outcomes
A criminal case may result in an acquittal, dismissal, plea bargain agreement or conviction. When an individual is convicted of the charges brought against them, a court of law may impose a penalty. A penalty may be a fine, probation or imprisonment. The type of penalty imposed depends on the type of crime and applicable law.
What Is Civil Law?
In the context of criminal vs civil law, civil law covers legal disagreements between private parties and government bodies where the injured party seeks remedies provided by law. Plaintiffs bring civil actions against defendants which are individuals, entities or government agencies. Civil law procedures are followed before a court in which civil cases are heard.
Examples of Civil Cases
Civil cases may be brought before civil courts in matters that involve a breach of contract, bodily injury, property damage, landlord-tenant disputes and economic injury. A civil law suit is not a crime but a legal claim that the plaintiff has suffered a wrong and remedies provided by law may redress that wrong.
Possible Civil Law Outcomes
Injunctions and damages are some of the remedies that may be awarded by a court in a civil case. Damages are monetary compensation paid by a defendant to a plaintiff. Injunctions are legal orders issued by a court that compel a party to take an action or refrain from taking an action.
How the Burden of Proof Differs
A burden of proof is a standard that determines the degree of certainty with which a particular fact must be established.
Criminal Cases: Beyond a Reasonable Doubt
In criminal trials, a beyond-a-reasonable-doubt standard is applied. This standard requires that the jury or judge who hears a criminal case finds the accused person guilty if they are satisfied that the accused person committed the crime. A defendant in a criminal case does not have to prove his or her innocence; rather, a prosecutor proves that the defendant committed the crime. The burden of proof in criminal cases is high since if not met, the accused person will be acquitted of the charges brought against them.
Civil Cases: Usually More Likely Than Not
A preponderance of the evidence standard applies in most civil cases. As the name suggests, this standard requires that a plaintiff prove their case by showing that it is more likely than not to have occurred the way the plaintiff has alleged. In some civil matters, a different standard of proof is applied. It is important to consult the law that applies to a particular civil dispute.
Can One Event Lead to Both a Criminal and Civil Case?
One event may give rise to both a criminal case and a civil claim for damages. This may occur when one person injures or assaults another. The assailantβs or injurerβs criminal law case may be pursued by the government as the prosecutor. The injured party may bring a civil law suit for damages. While the criminal case is prosecuted by the government, a civil law suit is brought by an individual.
Why βCivil Lawβ Can Mean Something Different
The phrase civil law may have a different meaning depending on the context in which it is used. It may refer to a systematic approach to law that is based on highly detailed codes and statutes. Civil law is different from common law. However, in the context of criminal vs civil law, civil law is that which is used to deal with non-criminal cases.
Frequently Asked Questions
1. What is the difference between criminal and civil law?
Criminal law refers to a body of laws that define crimes and punishments for criminal acts. Civil law procedures cover legal disagreements between private parties and government bodies.
2. Who brings a criminal case?
A government prosecutor usually brings a criminal case against an individual or organization.
3. Who can bring a civil case?
Anyone, a business or government body may bring a civil case.
4. Is the burden of proof the same in both cases?
No, the burden of proof differs in criminal and civil cases. For criminal convictions the prosecution must prove the defendantβs guilt beyond a reasonable doubt. In contrast, in civil cases the plaintiff must prove his or her case by a preponderance of the evidence.
5. Can someone face a civil lawsuit after a criminal case?
Yes, a person or organization may face a civil lawsuit after a criminal case has been brought against them.
Conclusion
Criminal vs civil law differences are primarily in terms of elements of the case, parties involved, standard of proof and outcomes. Criminal cases are brought by the government to establish that an accused person committed a crime. Civil cases address legal disagreements between private parties and government bodies.