Criminal law involves violations of statutory crimes (actions that go against the rules of society and have been ruled illegal). Examples of these crimes are D.W.I.’s, robberies, and assaults. In order to be convicted of a criminal law it must be “beyond all reasonable doubt” that you committed the crime. You then are found guilty and can be punished by fines and/or loss of freedom (jail or probation). The cases of criminal law are always between the United States Government and the defendant. Civil law on the other hand, involves noncriminal situations such as, business contracts, divorce, speeding, and parking violations. In order to be found guilty of a civil law there must be a “preponderance of evidence”, meaning that the jury believes the defendant most likely committed the act because of the evidence presented in court. After being found guilty of civil laws the defendant s are then liable and can be punished by fines or loss of privileges. Civil laws settle disputes between two private parties (individuals and organizations), not the government.
Criminal law encompasses illegal actions prosecuted by the city, state, or country with the defendant being found guilty after the “burden of proof is beyond all reasonable doubt.” This form of law is referred to as malum per se, or against society’s moral principles. Battery, assault, and theft are examples of criminal law crimes. Fines, losses of freedom via probation or jail, and execution are common consequences for violating these standards.
Civil law dictates arguments, or a private lawsuit, between citizens in which no crime has been committed, or the crime is a result of a separate cause of action. A defendant being acquitted or found liable for accusations depends on a majority vote of the jury. The law is malum prohibitum, or violation of the law because someone else has accused them of doing so. Traffic violations, business disputes, and divorce are examples of actions covered by civil law. While they normally do not result in a loss of freedom, consequences do result in reduction of privileges and fines.
In a criminal case the government, state or national, is the PROSECUTOR and the accused is the DEFENDANT. Example is NJ vs. TLO. In Virginia prosecutors are elected Commonwealth's Attorneys. On the national level prosecutors are appointed US Attorneys.
In a civil case the PLAINTIFF is the person bringing the charges and the DEFENDANT is the person being sued. Sometimes the government is being sued if a plaintiff believes that the government has denied rights. Example is James Acton vs. the Vernonia School District.
Criminal law involves violations of statutory crimes (actions that go against the rules of society and have been ruled illegal). Examples of these crimes are D.W.I.’s, robberies, and assaults. In order to be convicted of a criminal law it must be “beyond all reasonable doubt” that you committed the crime. You then are found guilty and can be punished by fines and/or loss of freedom (jail or probation). The cases of criminal law are always between the United States Government and the defendant.
ReplyDeleteCivil law on the other hand, involves noncriminal situations such as, business contracts, divorce, speeding, and parking violations. In order to be found guilty of a civil law there must be a “preponderance of evidence”, meaning that the jury believes the defendant most likely committed the act because of the evidence presented in court. After being found guilty of civil laws the defendant s are then liable and can be punished by fines or loss of privileges. Civil laws settle disputes between two private parties (individuals and organizations), not the government.
Criminal law encompasses illegal actions prosecuted by the city, state, or country with the defendant being found guilty after the “burden of proof is beyond all reasonable doubt.” This form of law is referred to as malum per se, or against society’s moral principles. Battery, assault, and theft are examples of criminal law crimes. Fines, losses of freedom via probation or jail, and execution are common consequences for violating these standards.
ReplyDeleteCivil law dictates arguments, or a private lawsuit, between citizens in which no crime has been committed, or the crime is a result of a separate cause of action. A defendant being acquitted or found liable for accusations depends on a majority vote of the jury. The law is malum prohibitum, or violation of the law because someone else has accused them of doing so. Traffic violations, business disputes, and divorce are examples of actions covered by civil law. While they normally do not result in a loss of freedom, consequences do result in reduction of privileges and fines.
In a criminal case the government, state or national, is the PROSECUTOR and the accused is the DEFENDANT. Example is NJ vs. TLO. In Virginia prosecutors are elected Commonwealth's Attorneys. On the national level prosecutors are appointed US Attorneys.
ReplyDeleteIn a civil case the PLAINTIFF is the person bringing the charges and the DEFENDANT is the person being sued. Sometimes the government is being sued if a plaintiff believes that the government has denied rights. Example is James Acton vs. the Vernonia School District.