Differences and similarities Criminal vs. civil law Differences and similarities

FACTS… Criminal acts involve jail or fines (fines are “never” civil) Civil acts involve restitution (money or other damages to pay back a victim for what they lost) Criminal acts are harder to prove Civil acts involve an injury (financial, emotional, reputation or property) Business law involves both…

How does this effect a business? Business legal issues can be criminally based, tort based (Lawsuits) or the issue can be both Businesses can be sued by a person, another business, the government or groups The government can issue criminal fines against a business for not following the law Business owners or CEO’s can be held responsible for the legal acts of employees, even without knowledge

CRIMINAL LAW Considered to be against “society” because all of society pays for a crime (police protection, jails, other penalties) Very high burden of proof must be met to convict a defendant (beyond a reasonable doubt) Businesses can be held responsible for a criminal act of an employee (Vicarious “criminal” Liability) Businesses are usually fined for criminal offenses, but jail time can be given as well.

CIVIL LAW Also called tort law Considered to be against a person or business Lower burden of proof compared to a criminal act (preponderance of evidence) Businesses can be held responsible for acts of an employee (vicarious liability) or themselves (strict liability)

What must be proven in a criminal case? A duty of care that the defendant had prior to the case A breach of that duty of care Ex) Paying for goods before leaving the store was breached by stealing the goods Criminal Intent (The defendant knew they were committing the act and intended evil)

Criminal Acts? Duty Breach Intent ** “Criminal Intent” is NOT always needed to prove a criminal act occurred Ex) If you are caught speeding and given a ticket, that is a criminal act that does not require intent

What must be proven in a civil case? A duty of care that the defendant had prior to the case A breach of that duty of care An injury (Property, financial, reputation) Causation, which is proof the injury was caused based on the breach of duty Ex) If a business owner finds that their window is broken, they must prove some customer did it to have a lawsuit (It could have been an employee)

INJURY How do tort cases start? NO injury, no case Meaning, if a person goes into a dangerous situation and is NOT injured, they cannot sue someone else All tort cases start and end with the injury

3 categories of torts Negligence: Based on careless act that leads to an injury. Most common tort Strict Liability: Business owner or person is responsible for injury even if they were unaware it happened or part of it Intentional: Defendant “intended” to injure other person now has to pay

BEYOND A REASONABLE DOUBT PREPONDERANCE OF EVIDENCE DIFFERENCE IN PROOF criminal civil BEYOND A REASONABLE DOUBT Jury has little to no doubt defendant is guilty Based on evidence and witness testimony Punishment based on criminal act and severity PREPONDERANCE OF EVIDENCE Prove to jury you are wrong correct and incorrect Proof wins argument but not judgment amount You can ask for $100,000 and win $0, or only $10,000 if jury thinks this is fair amount

What must a business owner understand about the law? UCC Regulations- Uniform Commercial Code is the set of federal and state laws that a business must follow UCC law regulates both criminal and civil laws Ignorance of the law is never an excuse Ex) “If a business owner sells a chainsaw to a 17 year old kid and the law states you must be 18, the store can be held “Liable” for the sale and could be fined”

Steps in the criminal process? Arrest of suspect Arraignment (Guilty or NOT guilty plea in front of judge) Court date set (If needed and usually based on plea) Trial (Defendant guaranteed a lawyer) Sentencing File to appeal (If there are legal grounds to do so) Jail or fine or both (If found guilty, punishment is given)

Steps in the civil process- part 1? A complaint is filed with court: A legal document written usually by a lawyer, telling the court that the plaintiff (Person filing the case) was injured in some way and this is served to defendant An Answer is filed by defendant: An answer is the defendants side of the story and why they should not be held responsible for injuring the plaintiff Court Date or Not: The Judge at this point will either allow the case to move to court or stop it, if the plaintiff fails to make a valid case

Steps in the civil process- part 2? If Court: Civil cases rarely go to court as most are “Settled”, meaning the sides agree on a solution, but if it goes to court, the plaintiff must prove their case to a judge or jury Outcome: If “Plaintiff” wins, they get a judgment (Money, property, or other items they ask for in complaint). If defense wins, the case is dismissed Attorney: Fees are paid for by each side, unless its part of the restitution asked for (Either side my ask for this)

What is a judgment? The outcome of a civil trial If plaintiff wins, the judgment is what they win Judgment can be $$, property, judge orders or job related Judge can order someone to complete a contract, take someone back to work, pay restitution for time off from work or more If defense wins, the outcome is the claim is denied

How are judgments collected? Defendant just pays or does what is ordered If defendant does not do as ordered, plaintiff can go back to court and get a “Writ of Execution” Writ of Execution is a judges order to force collection Wage garnishment, property seizure, tax returns taken or bank accounts can be frozen or garnished