For help call a Lead Counsel Rated Attorney
-
Idaho Falls, ID
208-522-1230
Free Consultation
-
Monticello, MN
866-716-2745
-
San Antonio, TX
866-638-5173
-
Cleveland, OH
866-736-1768
What is
the difference between criminal law and civil law?
Civil law
suits are private suits between two or more citizens. Civil law is
the area of law by which private individuals resolve their differences
with
the help of the civil courts.
Criminal
law involves a citizen or a business and the state. The rules of
the federal government and all individual state governments are codified
into statutes. When an individual violates the rules, as listed in the
statutes, then the federal government or the state will prosecute the
individual.
The remedies
available in civil courts are generally limited to money
damages. The remedies in criminal court may involve a money fine and/or
a
prison sentence.
Can some activities be both a criminal offense and a civil offense?
Yes. For
example, If Dave decides to walk up and slug Matt, Dave may be
guilty of battery in a criminal court and liable to Matt for battery in
a
civil court.
Is being guilty the same as being liable?
No. Guilt
or innocence are terms used only within a criminal proceeding.
Liability or non-liability are terms used only within a civil proceeding.
How could O.J. be found not guilty in his criminal case, yet, liable
in his
civil case?
The different
court systems have different burdens of proof. To be found
guilty in a criminal proceeding, the state must show beyond a reasonable
doubt that you are guilty of the crime charged. Beyond a reasonable doubt
is
a difficult burden to meet. In a civil case the plaintiff must show by
a
preponderance of the evidence that the defendant is responsible for any
damages. Numerically, a preponderance of the evidence is a showing of
a 51%
certainty that the defendant is responsible. Beyond a reasonable doubt
requires a showing of guilt closer to 100%.
|
