Civil law is the area of law that encompasses lawsuits brought by individuals who have suffered private wrongs for which they are seeking some form of compensations. Civil law includes tort law, property law, domestic relations law, contract law and probate law. Criminal law is the area of law that deals with the wrongs done to an individual that result in harm to society as a whole. The purpose of criminal law is to punish those who commit crimes such as murder, robbery, theft, arson and sexual assault.
Although the same act can be both a civil wrong and a criminal wrong (theft), several differences exist between civil and criminal law. The purpose of civil law is to compensate victims by providing them with some form of monetary damages. The purpose of criminal law is to punish those who have committed a wrong. Punishment is accomplished by confining and/or fining the wrongdoer. The civil law acts on behalf of the individual wronged and that individual brings suit to recover damages. The criminal law acts on behalf of the state, which is considered the offended party, and the prosecutor of the state represents the state in the courtroom.
The plaintiff (person who sues) has a burden of proof known as the preponderance of the evidence that must be shown in court. In the preponderance of the evidence burden of proof, the plaintiff must prove that it is more likely than not the defendant committed the wrong. In the beyond a reasonable doubt standard, the state must remove all reasonable doubts from the jurors’ minds.
No comments:
Post a Comment