Although many people do not understand the difference between civil and criminal law, there are numerous principles which distinguish one from the other, including:
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Taking Your Case to Court
Tort is civil law. There is a difference between civil and criminal law (as you learned in Unit 1). Tort cases should be tried in a civil court, and civil court rights apply.
Infographic: The Differences Between Civil and Criminal Law
led a thirty minute segment on the definition of “Law” and the differences between civil and criminal law. Magistrate Baker demonstrated these concepts by assigning each scout a legal topic and having the Scout decide if the topic was related to civil or criminal law.
Difference between civil and criminal law
For any country, the courts have been a place where people are able to seek justice for themselves and their families. Oftentimes, victims are given the option by their lawyers to have their case heard as a civil law matter or as a criminal law matter. While many of the cases can be tried in both courts, there are a number of differences between the two, and it is here where the differences between civil and criminal law can be most visibly seen.Parties Involved
One of the main differences between civil law and criminal law are the parties that are involved when cases are heard. In the case of cases, the parties involved are private individuals. This means that the case can be between two people or between a company and a person. On the other hand, criminal law cases involve the government as one of the parties in the case. This is the reason why these cases are tried by a district attorney and a public defender instead of the parties hiring their personal lawyers to do the job.
Decisions to be Made
Another difference between civil law and criminal law court hearings is the decisions that need to be reached by the court hearing the case. In a civil law case, the issue to be decided upon is whether or not the defendant had indeed caused any form of harm to the complainant based on the evidence supporting the claim of the complainant. On the other hand, criminal law court hearings need to decide as to whether the defendant indeed violated a statute that has been instigated by the local government for the protection of the entire society as a whole. As a result, the evidence that is presented is done in order to help determine whether the defendant is indeed of the charges without a reasonable doubt.Penalties Imposed
The difference between civil and criminal law is also seen on the penalties that are imposed to those that have been found guilty of the charges imposed. For civil law cases, penalties come in the form of compensation usually in the form of a sum of money that will be awarded to the victim and his or her family. In criminal law cases, compensation may also be awarded to the victim and his or her family alongside some form of punishment, usually involving a stay in prison determined and decided upon by the court.