Civil vs. criminal trial

Injunctions can be defined as orders for someone to do or not to do something. On the other hand, criminal cases can result in both fines and jail time. The fact that criminal cases can result in harsher punishments is the reason why they have more protections and require more evidence.

Civil Lawsuit Vs Criminal Case. Civil Jury Vs Criminal Jury Civil lawsuits and criminal cases are the two different types of cases that help address wrong doings in the legal system. How Civil Cases Get To Trial A civil case starts when an entity or person plaintiff claims that another entity or person defendant has not carried out a legal duty owed to the plaintiff.

How Criminal Cases Move To The Court System Any person that commits a crime in a certain state is considered to have committed a crime against that state and its people.

Punishment In Civil And Criminal Cases The most likely punishments in civil cases are monetary damages or injunctions. Loading Comments This happens because the burden of proof is different in a criminal proceeding than a civil lawsuit. The defendant is presumed innocent unless the prosecution proves him or her guilty. In a civil trial, the burden begins with the plaintiff but sometimes shifts to the defendant.

In other words, the plaintiff makes a claim and sets forth an initial set of complaints. The defendant responds by denying all or some allegations. The burden then shifts to the defendant to prove their defense or counterclaim.

A criminal case hinges on whether the evidence proves that the defendant committed a crime beyond a reasonable doubt. The prosecution must show, with credible evidence, that the only logical explanation for how the crime occurred is that the defendant caused it to happen. Credible evidence is a standard required in criminal trials, which means the jury must conclude that the evidence presented is natural , reasonable , and probable.

Just like in a criminal trial, a judge or jury needs to be sure the defendant is liable in a civil lawsuit. But the standard is slightly different. In a civil proceeding, the plaintiff must show that the defendant is liable by a preponderance of the evidence.

However, the jury in the subsequent civil trial determined that a preponderance of the evidence indicated that he was liable for the deaths of Nicole Brown Simpson and Ron Goldman. Damages can be economic, non-economic, or punitive. The court will determine whether the defendant was liable, or at fault, for the harm.

If so, the defendant will be ordered to pay the plaintiff a sum of money. In some states, plaintiffs and defendants can be found to both have a percentage of liability. Sometimes that means the plaintiff receives a reduced damage award, based on the amount of liability. We encourage people to use our infographics, with proper attribution. Just copy and paste the code below to use this infographic on your site. If you need help, let us know!

The legal intent behind the civil court system is to make a plaintiff whole. In other words, the process is designed to restore you to the position you were in before the harm occurred. In a criminal case, the outcome will be a punishment if the defendant is found guilty. If the victim participated in the crime in any way, the charges might be reduced or the sentence could be lighter.

The sentencing requirements will vary based on the state where the crime is tried. Generally, a sentence entails either a fine, probation, community service, or imprisonment.

Robert Odell, a Hollywood employment lawyer , helps us break down the definitions of civil and criminal law based on the parties involved. So what is civil law? To put it simply, civil law deals with disputes between one entity and another. The guidelines for these disputes are outlined in official documents like the Business and Professions Code, the Health and Safety Code and other governmental rules and regulations.

The cause of action in these cases can be initiated by private as well as public parties. It may sound literal—like someone assaulting a government official—but an offense against the state essentially means breaking a criminal law established by government.

He goes on to explain that criminal law, which deals with offenses against the government—crimes like murder, theft, drunk driving—is guided by the penal code. Only the government can initiate the prosecution in criminal cases. Since the rules or laws being violated vary between civil and criminal law, the specific conduct at issue also differs.

For example, a person intentionally killing another person is a criminal offense. A civil offense, on the other hand, often looks more like someone failing to follow city code—not clearing snow from a sidewalk that results in someone slipping and getting hurt, for example.

While the following examples are by no means comprehensive, they should give you a better idea of the subjects and types of cases you may find in either branch of law. Another important distinction between civil and criminal law is the type of penalty paid for being found guilty.

Often the judgement results in a financial penalty or an order to change behavior. Civil suits are also often settled outside of the courtroom. This typically includes a substantial payment to the accuser in exchange for the suit being dropped, and the defendant admitting to limited or no wrongdoing.

Another significant distinction between civil and criminal cases is what it takes for a party to win a case. In either trial, the accuser must meet a burden of proof—essentially an obligation to prove or back up the claims being made.

Criminal cases, and the serious penalties that can accompany them, require a higher bar to be met than civil cases. In these cases, criminal defense attorneys worked to poke holes in the credibility of the evidence and witnesses presented to create reasonable doubt among jurors.

How an attorney approaches a case can also vary greatly in the two different fields, according to Braden Perry, a former federal enforcement attorney. He notes one of the biggest differences is the approach to negotiating a deal. Civil suits have much more flexibility in how they are resolved. He explains that negotiations in criminal law require you to think beyond the scope of a typical civil case; factors like potential incarceration and the rights of an individual after a plea agreement can make things complicated.

Studies have shown over 90 percent of civil suits are settled and never even make it to trial. There can also be significant differences in the amount of time in which a prosecutor or plaintiff has after an incident to press charges or bring a claim against a defendant.

These rules are intended to protect defendants from unreasonable demands.