Civil Law vs. Criminal Law. Criminal Law Offenses against society as a whole that violate a statute that prohibits some type of activity. In criminal.

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Presentation transcript:

Civil Law vs. Criminal Law

Criminal Law Offenses against society as a whole that violate a statute that prohibits some type of activity. In criminal law it takes “guilt beyond a reasonable doubt” to convict the defendant. Ex: Murder, Assault, Speeding, Theft

Criminal Law Punishment Incarceration Fine Loss of liberty Or all of the above

Civil Law Includes all types of law other than criminal. Civil Law is concerned with disputes between private individuals and between entities. In Civil Law it takes a “preponderance of evidence” to show that the defendant is responsible for the damages Ex: Divorce, Copyright Infringements, Personal Injury, Damage to Property.

Civil Law Punishment Pay the plaintiff money for his/her losses. Change a law that violates another’s rights. Change a procedure that harms another or violates another’s rights.

Many times a persons criminal actions may also lead to a civil lawsuit also being filed against him. Ex: O.J. Simpson, Enron

Are these cases criminal, civil, or both? A student sues the school because they do not have wheelchair access to the portable buildings. A student steals $40.00 from another students backpack during gym class. Two parents fight for custody of their kids during divorce proceedings. A gas plant violates EPA restrictions on polluting the air and must pay a fine.