Preview

Essay On The Difference Between Civil And Criminal Litigation

Good Essays
Open Document
Open Document
488 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Essay On The Difference Between Civil And Criminal Litigation
Differentiate between litigation involving civil and criminal litigation
Criminal law- involves an offense where the entire community is harmed and the remedy is a fine or imprisonment for the offender. The responsibility of pursuing a violation of criminal law rests with the state. Where as, civil law does not directly harm a community and the remedy for a violation of civil law is to sue the violator and order the violator to pay damages. A person may be charged criminally and sued civilly.
Civil law- the legal means by which the rights and remedies of private individuals are enforced and protected is the purpose of civil law. Crime is not an issue for civil litigation, and the responsibility of pursuing a damage remedy in civil law rests with person harmed.
Civil and criminal litigation are both legal cases deemed in the court of law and basically follow a relatively similar trial process. Therefore, in both criminal and civil litigation, individual or parties have come to the conclusion that a disagreement cannot be resolved amongst themselves
…show more content…
Criminal cases or crimes are defined as those actions or disputes where a violation of public law occurs. When public law has been violated the individual or other parties that committed the crime are innocent until proven guilty by a court of law. Therefore, if they are guilty of a crime depending on the charge the individual or other parties may face jail time, fines, community service, imprisonment, as their punishment by law. However, in some criminal cases depending on the alleged crime there may be afflicted victims in the manner that may warrant a civil suit being filed, which will allow victims to collect damages for their injuries and

You May Also Find These Documents Helpful

  • Good Essays

    Kuehn v. Pub Zone

    • 363 Words
    • 2 Pages

    A criminal case is when a person or person’s commits a crime that state or federal considers offensive.…

    • 363 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Civil law deals with the definition and enforcement of all public and private rights. Whereas criminal law defines and governs the actions that constitute crimes. Criminal law has to do with wrongful actions committed against society for which society demands redress.…

    • 872 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Unit 23

    • 6999 Words
    • 28 Pages

    There are two types of cases that are dealt with in court which are criminal and civil. Criminal cases are cases that involve an individual breaking a law of the land and result with a jail sentence or community service. For example murder, rape and ABH. Civil cases are cases that involve disputes between people and usually end with a settlement of money. For example family disputes, contract breach and inheritance disputes.…

    • 6999 Words
    • 28 Pages
    Better Essays
  • Powerful Essays

    Unit 1 Open Book Questions

    • 1049 Words
    • 5 Pages

    What are the differences between criminal and civil law? (See page 23 in your textbook.)…

    • 1049 Words
    • 5 Pages
    Powerful Essays
  • Powerful Essays

    BUSI301 TEST QUESTION

    • 2171 Words
    • 6 Pages

    Criminal laws are a protection of society, and the violation of criminal laws results in penalties to the violator such as fines or imprisonment.…

    • 2171 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Govertnment

    • 2432 Words
    • 10 Pages

    * Criminal case: In criminal cases the Govt. charges a person with the violation of a criminal law.…

    • 2432 Words
    • 10 Pages
    Powerful Essays
  • Better Essays

    what is crime

    • 929 Words
    • 4 Pages

    but these are not (usually) criminal acts. The distinction between a civil and a criminal case…

    • 929 Words
    • 4 Pages
    Better Essays
  • Good Essays

    The civil law can be described as a body of law directly concerning the rights and duties between two parties. Some example of civil laws are; being sued for not paying rent, violating a contract, or producing and selling an inferior product, this is considered to be more of a compensation or restitution law. The wrongdoer is not punished; he or she simply needs to make good on the wrong they have done. However, the criminal law is very much different. This law deals with crime and legal punishment of criminal offenses such as theft and murder. Within a criminal law, the standard of proof must be within a reasonable doubt, whereas the civil law must provide a preponderance of…

    • 491 Words
    • 2 Pages
    Good Essays
  • Better Essays

    First of all I will look into the structure and jurisdiction of the civil courts. The civil court deals with disputes between individuals, companies or public bodies and can be in extremely diverse areas of law. Civil cases are said to be adversarial. This means that the judge will hear legal argument and evidence from all parties and then make a judgement based on the ‘balance of probabilities '. It should be noted that the standard of proof required is not as high as that of in the criminal courts.…

    • 2108 Words
    • 9 Pages
    Better Essays
  • Better Essays

    | Criminal law looks after public interests, and involves punishing and rehabilitating offenders, and protecting the society. A person reports a crime to the police and then they investigate the matter and find the suspect. If the charge has been properly presented and is enough supporting evidence of it, the Government, not the person who complains of the incident, prosecutes it in the courts. In a Criminal Case defendant may be found guilty or not.…

    • 1145 Words
    • 5 Pages
    Better Essays
  • Good Essays

    This assignment will consider the differences in Civil and Criminal law. It will explain the roles of solicitors, Barristers, Judges and Magistrates. It will also critically look at the features of the European Court of Human Rights…

    • 556 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Administration of Justice

    • 5172 Words
    • 21 Pages

    In a civil proceeding the plaintiff claims a right, and the court secures it for him by putting pressure upon the defendant to that end; as when one claims a debt that is due to him, or the restoration of property wrongfully detained from him, or damages payable to him by way of compensation for wrongful harm, or the prevention of a threatened injury by way of injunction. In a criminal proceeding, on the other hand, the prosecutor claims no right, but accuses the defendant of a wrong. He is not a claimant, but an accuser. The court makes no attempt to constrain the defendant to perform any duty, or to respect any right. It visits him instead with a penalty for the duty already disregarded and for the right already violated; as where he is hanged for murder or imprisoned for theft.…

    • 5172 Words
    • 21 Pages
    Powerful Essays
  • Good Essays

    Kjnkjnbnjkbnkjn

    • 638 Words
    • 3 Pages

    A criminal action generally involves an offender – referred to as the ‘accused’ or the ‘defendant’ – and a victim. However, criminal legal proceedings occur between an individual who is accused of committing a criminal offence and the state. The reason for the state initiating criminal proceedings against the accused individual is that a criminal offence not only harms the victim but potentially endangers the community – therefore considered an offence against society.…

    • 638 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    is different from a criminal wrong. In the case of a civil wrong the injured party institutes civil…

    • 2983 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    Criminal court deals with criminal or public wrongs, ie A crime has been committed. In a criminal case the burden required is beyond all reasonable doubt, So the accused is presumed to be innocent until proven guilty, In criminal law cases the guardi will be involved. The objective of criminal law is punishment, eg. Jail, Community Service or Fines. Criminal proceedings are started by the state against the offender through the office of the Director of Public Prosecutions. Sexual offences, genocide, murder and piracy are all examples of criminal law matter.…

    • 353 Words
    • 2 Pages
    Good Essays