Difference b/w criminal and civil law Flashcards
What does criminal law deal with?
Criminal law deals with behaviour that is or can be construed as an offence against the public.
What does civil law deal with?
Civil law deals with disputes between parties.
How do criminal and civil law differ in case initiation?
Criminal cases can only be initiated by the federal or state government, while civil cases are initiated by private parties.
How are criminal cases decided?
Criminal cases are always decided by a jury.
What type of punishment is imposed in criminal cases?
Punishment for serious felonies may include prison time and fines to the government.
What must the prosecution establish in a criminal case?
The prosecution must establish the guilt of the defendant.
How are civil cases decided?
Civil cases are usually decided by a judge.
What type of punishment is imposed in civil cases?
Punishment in civil cases consists of monetary awards, with no jail time.
What legal protections do defendants have in civil cases?
Defendants are not entitled to any legal protection if criminally accused.
What are summary matters?
Summary matters are tried by judges alone and do not involve a trial by jury.
How do summary matters proceed through the justice system?
Summary matters usually proceed through the justice system much faster than matters dealt with on indictment.
What are indictable offences?
Indictable offences require a trial by jury and judge.
What happens if you plead guilty to an indictable offence?
If you plead guilty, you are guaranteed the right to a trial by jury.
