Civil litigation is a legal process used to resolve disputes between two or more parties. Civil lawsuits can be about a wide range of issues, such as breach of contract, personal injury, property damage, and family law matters.
Criminal litigation is a legal process used to prosecute individuals who have committed crimes. Criminal cases are brought by the government, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Here are some of the key differences between civil and criminal litigation:
Parties involved: In civil litigation, the parties involved are typically private individuals or organizations. In criminal litigation, the parties involved are the government and the individual who has been accused of committing a crime.
Burden of proof: The burden of proof in civil litigation is the “balance of probabilities.” This means that the plaintiff must prove that it is more likely than not that the defendant is liable for their losses. The burden of proof in criminal litigation is “beyond a reasonable doubt.” This means that the prosecution must prove that the defendant is guilty of the crime to a very high standard.
Standard of review: Civil cases are typically reviewed by a judge or jury. Criminal cases are typically reviewed by a jury.
Potential penalties: The penalties for civil cases are typically financial, such as damages or an injunction. The penalties for criminal cases can include imprisonment, fines, and probation.
Here are some examples of civil and criminal cases:
- Civil cases: Breach of contract, personal injury, property damage, divorce, child custody, child support, and employment disputes.
- Criminal cases: Murder, assault, robbery, theft, fraud, and drug trafficking.
It is important to note that there are some cases that can fall into both civil and criminal categories. For example, if someone is assaulted, the victim may file a civil lawsuit against the assailant to recover their damages. The government may also file criminal charges against the assailant.
If you are involved in a civil or criminal case, it is important to consult with a lawyer to understand your rights and options. A lawyer can help you navigate the legal system and protect your interests.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.