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Published byWinfred Clifton Cannon Modified over 8 years ago
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Civil Law vs. Criminal Law
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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
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Criminal Law Punishment Incarceration Fine Loss of liberty Or all of the above
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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.
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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.
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Many times a persons criminal actions may also lead to a civil lawsuit also being filed against him. Ex: O.J. Simpson, Enron
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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.
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