Comparison Chart: Civil and Criminal

Civil Law

Definition deals with the disputes between Criminal law is the body of law that individuals, organizations, or between the two, in deals with and the legal which compensation is awarded to the victim. punishment of criminal offenses.

Purpose To deal with the disputes between individuals, To maintain the stability of the state organizations, or between the two, in which and society by punishing offenders compensation is awarded to the victim. and deterring them and others from offending.

Case filed Private party Government: , District by Attorneys, U.S. Attorneys

Rights Parties must pay for their own attorneys, fees and Defendant entitled to , right to costs. , speedy , right against self-incrimination, right to be free from unreasonable searches and seizures.

Decision Defendant can be found liable or not liable, the determines guilt or innoncence. or jury decides this. If guilty, Defendant is convicted. If not guilty, the Defendant is acquitted.

Standard of "Preponderance of ." Claimant must "Beyond a reasonable doubt": produce evidence beyond the balance of probabilities.

Burden of Claimant must give proof however, the burden may "Innocent until proven guilty": The proof shift to the defendant in situations of Res Ipsa prosecution must prove defendant Loquitur (The thing speaks for itself). guilty.

Type of Compensation ($$) for injuries or damages. JAIL: A guilty defendant is subject to Remedies Custodial (imprisonment) or Non- custodial punishment (fines or community service). In exceptional cases, the death penalty. Civil Law Criminal Law

Examples Landlord/tenant disputes, divorce proceedings, , , robbery, trafficking in child custody proceedings, disputes, controlled substances, murder, etc., , mental state requirements

Appeals Either party (claimant or defendant) can appeal a Only the defendant may appeal a court's decision. Parties must bear their own costs. court's . The prosecution is not allowed to appeal.

Jury opinion In cases of civil law, the opinion of the jury may not In the criminal system, the jury have to be unanimous. vary by state and must agree unanimously before a country. are present almost exclusively in defendant is convicted. criminal cases; virtually never involved in civil actions. ensure law prevails over passion.

Judgments Not self-executing. Must seek to enforce Court sentences Defendant