Civil vs. Criminal Law PDF

Civil vs. Criminal Law By: Gregory, Kensi, Shama, Cynthia, Natasha  Civil law ❖ Civil law focuses on disputes between people. ❖ The wronged individual is the plaintiff, the accused individual is the defendant. ❖ Only preponderance of evidence require...

Civil vs. Criminal Law By: Gregory, Kensi, Shama, Cynthia, Natasha  Civil law ❖ Civil law focuses on disputes between people. ❖ The wronged individual is the plaintiff, the accused individual is the defendant. ❖ Only preponderance of evidence required for conviction (51%) ❖ Provided with monetary compensation ❖ Examples of civil cases: divorce, suing, property rights, contracts, etc. ❖ In civil cases they’re usually assigned to municipal court’s for traffic fines and other minor fines. ❖ However, there are also Probate courts for wills and estates when someone passes away. With there also being small claims courts involving fines of less than 5,000.  Criminal law Criminal law covers deals with crimes against society: ❖ The state is the prosecution, who assumes the burden of proof ❖ The prosecution must prove defendant is guilty beyond reasonable doubt (99%) ❖ Punishments include fines, prison/jail time, even death ❖ Accuser is the state, called the prosecution.  Elements of Crime - Crimes involve a violation of a duty - an actual written law or statute - Crimes also involve criminal intent - whether the defendant intended to commit the crime or not - Example: - Accidentally shooting someone hunting. - Murdering someone in accident is reduced to manslaughter  Main Differences Between Civil and Criminal Law Civil Law Criminal Law Crimes against individuals Crimes against society Wronged individual is the plaintiff Police are prosecutors Issues of liability (legal Reasonable doubt (99%) responsibility) Punishable by jail, death Preponderance of evidence (51%) and/or fines. Monetary punishment to compensate for the injury  Civil law ❖ Civil law focuses on disputes between people. ❖ The wronged individual is the plaintiff, the accused individual is the defendant. ❖ Only preponderance of evidence required for conviction (51%) ❖ Provided with monetary compensation ❖ Examples of civil cases: divorce, suing, property rights, contracts, etc. ❖ In civil cases they’re usually assigned to municipal court’s for traffic fines and other minor fines. ❖ However, there are also Probate courts for wills and estates when someone passes away. With there also being small claims courts involving fines of less than 5,000.  Criminal law Criminal law covers deals with crimes against society: ❖ The state is the prosecution, who assumes the burden of proof ❖ The prosecution must prove defendant is guilty beyond reasonable doubt (99%) ❖ Punishments include fines, prison/jail time, even death ❖ Accuser is the state, called the prosecution.  Elements of Crime - Crimes involve a violation of a duty - an actual written law or statute - Crimes also involve criminal intent - whether the defendant intended to commit the crime or not - Example: - Accidentally shooting someone hunting. - Murdering someone in accident is reduced to manslaughter  Main Differences Between Civil and Criminal Law Civil Law Criminal Law Crimes against individuals Crimes against society Wronged individual is the plaintiff Police are prosecutors Issues of liability (legal Reasonable doubt (99%) responsibility) Punishable by jail, death Preponderance of evidence (51%) and/or fines. Monetary punishment to compensate for the injury QUIZLET LINK: LINK