Civil V. Criminal Law

Question 1

CIVIL LAW

Answer 1

Civil law addresses the issue of liability for disputes between private parties
(for example, under contract law or tort law). In a civil lawsuit, the plaintiff
sues the defendant and, if he is successful in the lawsuit, the plaintiff can
recover monetary damages from the defendant. The plaintiff is the party
who brought the lawsuit. The defendant is the party being sued.
The burden of proof in a civil lawsuit is a Preponderance of the
Evidence. This means that the plaintiff must establish each element of the
cause of action by a preponderance of the evidence

Question 2

CRIMINAL LAW

Answer 2

Criminal law prohibits and punishes conduct that threatens public safety and
welfare.
In a criminal case, it is the government that prosecutes the case. If the defendant is
found guilty of the crime, penalties can include jail, fines and/or it can order restitution
(defendant reimburses the victim for harm suffered).
The prosecution must establish the defendant’s guilt Beyond a Reasonable Doubt.
This is a much more difficult burden to satisfy than the ’preponderance of the evidence’
required for a civil lawsuit.
Criminal defendant has a right to a trial by jury for any charge that could result in a
sentence of 6 months or longer. The defendant may choose to have the judge decide the
verdict. This is called a bench trial.
Two types of crimes: (1) Felony is a crime typically involving violence, regarded as more
serious crimes usually punishable by imprisonment for more than one year or by death (ie
manslaughter or murder); (2) Misdemeanor usually involves a less serious crime with
county jail time, smaller fines and temporary punishments (ie public drunkenness, driving
without a license, shoplifting etc.) )