Monday, January 18, 2010

Can someone explain the distinction how civil and criminal court cases are different?

I think criminal case is the state versus a person(s). And, a civil case is a person(s) versus another person(s). Is that right? If that's right, then a criminal case can only be done if a law was broken by the person(s). And, a civil case can be about any dispute (law breaking or not). Right?Can someone explain the distinction how civil and criminal court cases are different?
You are on the right track.





A crime is a wrong against the government (State vs. Defendant), a civil act is a wrong against another person (Petitioner vs. Respondent).





There are several other differences, such as rules of evidence, jury deliberations, and most importantly, burden of proof. The burden for a criminal case is beyond a reasonable doubt. The burden for a civil case is a preponderance of the evidence (more likely that it happened than it didn't).





A criminal case requires a unanimous jury, a civil case can be 10 out of 12, or 5 out of 6.Can someone explain the distinction how civil and criminal court cases are different?
you seem to get it just fine.
Yes, in a common law system.
Right

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