Civil vs. Criminal Law Flashcards
What is the main purpose of civil law?
To resolve disputes between individuals or organizations and provide compensation.
What is the main purpose of criminal law?
To punish individuals who commit offenses against society and maintain law and order.
Who are the parties involved in a civil case?
The claimant (plaintiff) and the defendant.
Who are the parties involved in a criminal case?
The state (prosecution) and the defendant (accused).
What is the burden of proof in a civil case?
Balance of probabilities – the claimant must prove their case is more likely true than not.
What is the burden of proof in a criminal case?
Beyond a reasonable doubt – the prosecution must prove guilt to a very high standard.
What are the possible consequences of a civil case?
Claimant may seek remedies such as Compensation, injunctions, or specific performance.
What are the possible consequences of a criminal case?
Fines, imprisonment, probation, or community service.
What types of cases are covered under civil law?
Contract disputes, property disputes, family law, negligence claims, etc.
What types of cases are covered under criminal law?
Theft, assault, murder, fraud, and other crimes harmful to society.
Can civil cases be settled outside of court?
Yes, many civil cases are settled through negotiation or mediation.
Who prosecutes a criminal case?
The state (government), usually represented by a public prosecutor.
In which courts are civil cases usually heard?
Civil courts such as small claims or family courts.
In which courts are criminal cases usually heard?
Criminal courts, with serious offenses tried in higher courts.
Can the prosecution appeal a verdict in a criminal case?
Generally, only the defendant can appeal a conviction, but the prosecution can appeal against lenient sentences.
