Thursday, May 13, 2010

What is a major difference between a criminal and a civil case?

Criminal is for a violation of law. The case is brought by the district attorney. A civil case is one where one party feels that their rights have been infringed by another. The case is brought by the plaintiff.





The level of proof is also different. In a criminal trial, the proof is ';beyond a reasonable doubt.'; In civil, it is by ';a preponderance of evidence.'; The scale tips a bit to your side. You need to prove your case with real evidence.What is a major difference between a criminal and a civil case?
A criminal case is for a violation of law and is prosecuted by the state. A jury trial must result in a unanimous decision that guilt has been established beyond a reasonable doubt.





A civil case is brought by one private party against another to find compensation for damages inflicted by that party. A jury trial must usually result in only a majority ruling, rather than a unanimous one. The burden of proof is usually less, that is there must be ';a preponderance of evidence';.What is a major difference between a criminal and a civil case?
A criminal case is to determine if a person is guilty or not guilty.





A civil case is relating to monetary award
how much money you have.
In other words, you either break the law or break a heart.
Constitutional protections guaranteed by the 4th, 5th, 6th, and 14th Amendment. You can go to jail in a civil case (typically civil contempt), but you must always be given a purge condition (A GET OUT OF JAIL FREE CARD), which makes the sanction of jail time considered remedial as opposed to punitive as it would be in a criminal case. If the sanction appears to be punative, then all of the above mentioned constitutional protections kick in to protect the defendant from the power of the state.

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