1 Criminal v. Civil Law 2 1Civil Law determines private rights and liabilities, whereas Criminal Law concerns offenses 2against the authority of the state. 3 4burden of proof 5 The duty of establishing the truth of the matter; the duty of proving a fact that is in 6 dispute. In most instances the burden of proof, like the burden of going forward, 7 shifts from one side to the other during the course of a trial as the case progresses 8 and evidence is introduced by each side. 9preponderance of evidence (Civil) 10 The degree of proof required in most civil actions. It means that the greater weight 11 and value of the credible evidence, taken as a whole, belongs to one side in a lawsuit 12 rather to the other side. In other words, the party whose evidence is more 13 convincing has a "preponderance of evidence" on its side and must, as a matter of 14 law, prevail in the lawsuit because it has met its burden of proof. 15beyond a reasonable doubt (Criminal) 16 The degree of proof required to convict a person of a crime. A reasonable doubt is a 17 fair doubt based upon reason and common sense, not an arbitrary or possible doubt. 18 To convict a criminal defendant, a jury must be persuaded of his or her guilt to a 19 level beyond "apparently" or "probably". Proof beyond a reasonable doubt is the 20 highest level of proof that law requires.

21Parties in Civil Litigation and Criminal Actions 22The parties to a civil lawsuit include the plaintiff, the defendant, and possibly third parties.

23The plaintiff is the party that has allegedly suffered some legal wrong at the hands of the 24defendant, the party responsible for infringing upon the plaintiff's rights. The plaintiff files a 25lawsuit against the defendant, using the courts as the forum to argue that the defendant 26should be held responsible for the plaintiff's injuries and should compensate the plaintiff for 27its losses.

28The parties in a criminal lawsuit are different from those in a civil action. In criminal cases, 29the public, through the authority of the state (or, if federal, the United States), brings the 30accused criminal (the defendant) to court to determine his or her guilt or innocence. Of 31course, masses of citizens do not actually haul defendants bodily into the courtroom. 32Instead, the government provides the special officer, called the prosecutor or district 33attorney in many localities, who files criminal charges against the defendant on the public's 34behalf. At the state level, this official might be called the attorney general; at the federal 35tier, he or she would be the United States Attorney serving the Department of Justice under 36the United States Attorney General.

37Criminal lawsuits differ from their civil counterparts in that criminal prosecutions are 38intended to convict and punish the criminal offender, whereas civil lawsuits are designed to 39settle disputes between private parties. In criminal actions, the convicted defendant may be 40punished by imprisonment, or fined by the government. In civil suits, however, the 41defendant who losses judgment to the plaintiff, must compensate the plaintiff directly.