DIFFERENCE BETWEEN CIVIL LAW AND CRIMINAL LAW BY SHRISHTI MISHRA @LEXCLIQ

DIFFERENCE BETWEEN CIVIL LAW AND CRIMINAL LAW

BY SHRISHTI MISHRA

We see lots of crime on your day to day routine like theft, rape, disputes among individual, so to know that what is the nature of these cases it is must then we should know the difference in both the law.

Supposing person A who signed a contract with B. B a seller who deals with A to sell his goods to A but he refuses to send the good to A as he recalled his prior work due to which he doesn’t send good to A. resulting in A damages so, this is a civil case.

Other instance, suppose A  who murdered B . so, in this case, A is not a murderer of A but a crime against society as he has murder one person ahead he can murder a number of people so,  criminal law deals with behavior that is or can be construed as an offense against the public, society, or the state even if the immediate victim is an individual.

Now, the difference between civil cases and criminal cases

1.Definition of civil cases and criminal cases

Civil law deals with disputes between individuals, organizations, or between the two in which compensation is awarded to the victim.

Whereas criminal law is the body of law that deals with crime and the legal punishment of criminal offenses.

2.Purpose of civil cases and criminal cases

The purpose of a civil case deals with the disputes between individuals, organizations.

Whereas the purpose of criminal law is to maintain the stability of the state and society by punishing offenders and deterring them and others from offending.

3.Case filed by in civil cases and criminal cases

Civil cases are filed by private parties.

Criminal cases are filled by the government.

4.Types of punishment in civil cases and criminal cases

Compensation(usually financial ) for injuries or damages or any injuction in nuisance.

A guilty defendant is subjected to custodial( imprisonment) or non-custodial punishment(fines of community services).

5.Examples of civil cases and criminal cases

Landlords, tenant disputes, divorce proceeding, child custody proceedings, property disputes, personal injury, etc. are the example of civil cases

Theft, assault, robbery, trafficking in controlled substances, murder, etc. are examples of criminal cases.

 Burdens of proof:

In the case of criminal law, the burden of proof lies with the government in order to prove that the defendant is guilty. On the other hand, in the case of civil law, the burden of proof first lies with the plaintiff and then with the defendant to refute the evidence provided by the plaintiffs. In the case of civil litigation if the judge or jury believes that there is more than 50% of the evidence favoring the plaintiffs, then plaintiffs win, which is very low as compared to 99% proof for criminal law. In the case of criminal law, the defendant is not declared guilty unless there is approximately more than 99% proof against him.

How the system works:

One can say that criminal law deals with looking after public interests. It involves punishing and rehabilitating offenders, and protecting society. The police and prosecutor are hired by the government to put the criminal law into effect. Public funds are used to pay for these services. If suppose you are the victim of the crime, you report it to the police, and then it is their duty to investigate the matter and find the suspect. In most cases, if a charge has been properly presented and if there is evidence supporting it, the Government, not the person who complains of the incident, prosecutes it in the courts. This is called a system of public prosecutions. On the other hand, civil law is about private disputes between individuals or between an individual and an organization or between organizations. Civil law deals with the harm, loss, or injury to one party or the other. A defendant in a civil case is found liable or not liable for damages, while in a criminal case defendant may be found guilty or not.

 

 

 

 

 

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