Question

BUSINESS LAW - Discuss the major differences between Civil Law and Criminal Law. - ONE WORD PAGE DOCUMENT PLEASE

Answer 1

The main difference between civil and criminal law deals with people who committed a wrong against another person. civil law deals with disputes between one entity and another. The guidelines for these disputes are outlined in official documents like the Business and Professions Code, the Health and Safety Code and other governmental rules and regulations. The cause of action in these cases can be initiated by private as well as public parties. Criminal law, on the other hand, deals with an individual’s offenses against the state or federal government. It may sound literal—like someone assaulting a government official—but an offense against the state essentially means breaking a criminal law established by government.

Another important distinction between civil and criminal law is the type of penalty paid for being found guilty. In a criminal case, if the individual charged with a crime loses the case, they’re likely facing incarceration or some type of probation. For civil cases, the resolution to a case doesn’t result in the “losing” party going to jail. Often the judgement results in a financial penalty or an order to change behavior.

Another significant distinction between civil and criminal cases is what it takes for a party to win a case. In either trial, the accuser must meet a burden of proof—essentially an obligation to prove or back up the claims being made. Criminal cases, and the serious penalties that can accompany them, require a higher bar to be met than civil cases. In criminal law, the standard is that the accused are guilty of committing a crime “Beyond a reasonable doubt.” For civil cases, the burden of proof is lower—usually based on the “Preponderance of evidence” or “Clear and convincing” standards. These different standards can seem a bit frustrating to those who aren’t familiar with them. You’ve likely heard of criminal cases where the evidence makes the accused seem like they’re probably guilty but they were not convicted. In these cases, criminal defense attorneys’ worked to poke holes in the credibility of the evidence and witnesses presented to create reasonable doubt among jurors.

There can also be significant differences in the amount of time in which a prosecutor or plaintiff has after an incident to press charges or bring a claim against a defendant. These rules are intended to protect defendants from unreasonable demands. Think of it this way—if someone accused you of a crime that occurred 20 years ago, would you be able to provide evidence to the contrary after that much time has passed? Each state has their own set of guidelines for these, but it is worth noting that many serious crimes like murder, major theft, kidnapping or sexual assault may not have a statute of limitations.