Civil Law vs 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 civil law 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 guilty 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.
Summary:
1. Criminal and civil law covers the different aspects of society in order to ensure that the rights of all citizens are respected and honored.
2. Civil law deals with court cases that are between two private parties. Criminal law deals with court cases that are between the government and the defendant.
3. The purpose in criminal law cases is to prove the guilt of the defendant beyond a reasonable doubt and imposing imprisonment and punishment as a result of this. Civil law mandates that the accuser must prove that substantial harm has been inflicted on him or her by the defendant in order to be awarded some form of monetary compensation.