Difference Between Civil Litigation And Criminal Litigation
Civil Litigation vs. Criminal Litigation
If somebody commits a crime or does wrong doing to another what category does it fit under? Is it civil case or a criminal case? Although there are many similarities between civil litigation procedures and criminal litigation procedures, several differences exist among them.
The first difference among the two procedures is what even defines them. A civil case involves a wrong doing between two private parties in which the victim is suing for damages or is in suit for equity. Other remedies exist but those are the most common. Examples include: divorce, estate distribution, and injury cases. Criminal cases involve the harming of an entire community and whose solution is a fine or imprisonment for …show more content…
The accused will then either be set a date for sentencing under a guilty plea or discovery will now begin if plead not guilty. Trial proceedings would eventually be scheduled along with the selection of the jury. After all statements and examinations are conducted, the jury will then be told instructions and have time to deliberate. Without motions or appeals the sentencing will soon occur. After the discoveries of a civil case, if the defense proves there are no facts that the parties are arguing in the case, then they are able to file a motion for summary judgment. The judge would now be allowed to decide the case based on the two initial filings and if this does not occur, trial will continue. This saves much time and money. Civil procedure is designed to be as efficient as possible with the prevention of long trials when able. The most prevalent difference between the civil litigation process and the criminal litigation process is the burden of proof. In a criminal case, the prosecutor must prove its case beyond a reasonable doubt, whereas in a civil case the plaintiff must prove its case by a preponderance of the evidence which is a much lower burden. A criminal case will only prevail if there is absolutely no question of
If somebody commits a crime or does wrong doing to another what category does it fit under? Is it civil case or a criminal case? Although there are many similarities between civil litigation procedures and criminal litigation procedures, several differences exist among them.
The first difference among the two procedures is what even defines them. A civil case involves a wrong doing between two private parties in which the victim is suing for damages or is in suit for equity. Other remedies exist but those are the most common. Examples include: divorce, estate distribution, and injury cases. Criminal cases involve the harming of an entire community and whose solution is a fine or imprisonment for …show more content…
The accused will then either be set a date for sentencing under a guilty plea or discovery will now begin if plead not guilty. Trial proceedings would eventually be scheduled along with the selection of the jury. After all statements and examinations are conducted, the jury will then be told instructions and have time to deliberate. Without motions or appeals the sentencing will soon occur. After the discoveries of a civil case, if the defense proves there are no facts that the parties are arguing in the case, then they are able to file a motion for summary judgment. The judge would now be allowed to decide the case based on the two initial filings and if this does not occur, trial will continue. This saves much time and money. Civil procedure is designed to be as efficient as possible with the prevention of long trials when able. The most prevalent difference between the civil litigation process and the criminal litigation process is the burden of proof. In a criminal case, the prosecutor must prove its case beyond a reasonable doubt, whereas in a civil case the plaintiff must prove its case by a preponderance of the evidence which is a much lower burden. A criminal case will only prevail if there is absolutely no question of