The Difference Between Criminal Cases And Civil Disputes Flashcards
Criminal cases
Criminal cases are usually between the state and an individual or individuals and involve actions that are against the law, harmful to society and punishable by the law.
Parties to a criminal case
The parties to a criminal case are the prosecution (acting on behalf of the state to prosecute in the case) and the accused (the person accused of the crime). In most criminal cases there is a victim who has been offended against.
The task of taking the accused to court lies with the prosecution, on behalf of society. A victim of a criminal offence is likely to be a witness for the prosecution, explaining to the court what occurred. Examples of offences covered under criminal law include murder, theft and fraud.
3 types of criminal cases
Summary offences
Indictable offences
Indictable offences heard summarily
Summary offences
Minor criminal offences that are heard before a magistrate in the Magistrates’ Court; for example, offensive behaviour.
Many summary offences are breaches of local laws or laws made by subordinate authorities. Offences listed in most Acts of parliament are summary offences unless an Act declares them to be indictable offences.
Indictable offences
Indictable offences are serious criminal offences that are heard before a judge and jury in superior courts such as the County Court or Supreme Court; for example, homicide and fraud.
As a general rule, offences listed in the Crimes Act 1958 (Vic.) and the Wrongs Act 1958 (Vic.) are indictable offences unless these Acts state that an offence is a summary offence.
Indictable offences heard summarily
Certain indictable offences can be heard in the Magistrates’ Court as if they were summary offences. These are known as indictable offences heard and determined summarily. Offenders will usually choose to have an offence heard summarily if they can because it is quicker and cheaper to have the matter heard in the Magistrates’ Court and the maximum penalty that can be handed down is less. The court must agree that the offence is appropriate for a summary hearing.
Civil actions
Disputes between two or more individuals or groups. Civil actions usually involve the infringement of rights. The aim of a civil action is to return the party whose rights have been infringed to his or her original position (as far as possible). The most common types of civil actions are torts, which include negligence, trespass, nuisance and defamation.
Parties to civil disputes
A party who has been harmed, called the plaintiff, sues the party who has allegedly caused the harm, called the defendant. The plaintiff seeks a particular remedy. Individuals, organisations and the state can be a party to a civil action as the party whose rights have been infringed, or the party that has infringed the rights of another.
3 methods of resolving civil disputes
Courts
Tribunals
Alternative Dispute Resolution (ADR) methods
Courts
The traditional way of resolving a dispute is to take it to a court for resolution through judicial determination. The judiciary (including judges and magistrates) presides over the case, and formal rules of evidence and procedure are used. A decision by a court is binding on the parties, although it can be appealed against.
Tribunals
Tribunals have the power to resolve specific civil disputes within the area of law- making power they have been given; for example, discrimination cases, or disputes between landlords and tenants. Tribunals such as the Victorian Civil and Administrative Tribunal (VCAT) are less formal in the way in which they hear cases, but are still able to make binding decisions.
ADR
Includes mediation, conciliation and arbitration. These are generally quicker, cheaper and less intimidating than courts. However, other than arbitration, they are usually not binding on the parties. The parties may use an ADR method without going to a court or tribunal or the parties may be required by the court or tribunal to try to settle the matter through ADR before it is judicially determined.
Consequences
The consequence of being found guilty of breaking a criminal law is punishment of the offender, determined by the court; for example, imprisonment, a community protection order or a fine.
Consequences of a successful civil action usually includes damages being paid by the defendant to the plaintiff or another civil remedy.
Overlap between criminal and civil
Some actions, such as an assault, can give rise to a criminal prosecution instigated by the state as well as a civil action instigated by the victim. However, the consequences of criminal and civil actions vary. In instances where the same action gives rise to both a criminal action and a civil action, the two cases will be heard separately and may be heard in different courts.
Standard of proofs in civil and criminal, how can someone be not guilty but still be civilly liable
An accused can be found not guilty but found liable in a civil case relating to the same wrong. This is often because the standard of proof in criminal cases is much higher than in the civil case. It may not be found beyond reasonable doubt that the accused was guilty but that the plaintiff’s version of facts is more believable than the defendant’s version, and therefore find the defendant liable.
