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 1yxw 1yxw  Hope it works…  Attorney explains quickly criminal vs civil law

 The distinct differences between criminal law and civil law are: ◦ the type of action against the defendant ◦ the type of remedy sought.  A civil case involves individuals in a dispute and generally ends in monetary reward.  Criminal cases are considered crimes against society and usually end in jail or prison time.

 A man runs into a bank brandishing a gun, demands money and runs off. That is a crime of bank robbery and is punishable by incarceration.  When a man checks into a hotel, runs up charges at the restaurant and bar and leaves without paying, he is defrauding a business and is punished differently. He will pay fines and make restitution.

 A person is brought to trial by the state or federal government  It is up to the prosecuting party to prove that the defendant committed the crime. This is known as the burden of proof.  In criminal cases, the plaintiff must prove beyond a reasonable doubt that the defendant committed the crime.  This means that the plaintiff must demonstrate that a reasonable person would agree that a crime took place based on the evidence presented. If there is any doubt on the part of a reasonable person, the burden to provide further evidence rides on the plaintiff.  The defendant is considered innocent until proven guilty by a judge or jury. The punishment for criminal acts generally involves incarceration and/or fines and even death in extreme cases.

 Criminal law is a set of rules and regulations that describe behaviors that are prohibited by the government.  The behaviors generally involve things that would affect public safety and the welfare of society as a whole.  Examples of criminal acts are: ◦ Murder ◦ Theft ◦ Robbery ◦ Bribery ◦ Embezzlement

 The right to a speedy trial  The right to counsel  Protection against self-incrimination  Protection against unreasonable search and seizure  Protection against double jeopardy  These protections are not available in civil law

 Felony acts A felony is a serious crime that is punishable by serving time in prison for more than one year.  Misdemeanor acts A misdemeanor, on the other hand, is a lesser criminal act that is punishable by a shorter jail sentence and fines.

 Civil law deals with disputes between individuals, groups and organizations who seek an award of compensation for their troubles.  Examples of civil cases are: ◦ Fraud ◦ Breach of contract ◦ Negligence ◦ Workers' compensation-related injuries

 A defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.  The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others.  While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets.

 The burden of proof is initially on the plaintiff. However, there are a number of technical situations in which the burden shifts to the defendant.  The plaintiff wins if the preponderance of the evidence favors the plaintiff. For example, if the jury believes that there is more than a 50% probability that the defendant was negligent in causing the plaintiff's injury, the plaintiff wins. This is a very low standard, compared to criminal law.

 res judicata: one can have only one trial for claims arising from one transaction or occurrence  defendant must be available and cooperative for depositions and testimony as a witness in the trial