Differences Between Civil vs Criminal Law
Why is it so essential to know main differences between civil vs criminal law as well as civil cases vs criminal case? Yes, there are misapplied misunderstanding of principles in society from subject of criminal law to situations in civil tort law. Yes, civil and criminal law have different characteristic of law entity and punishments. Yes, this issue should be learned so you are able to compare and contrast criminal and civil law particularly for parties of corporation or individual person.
In fact, main difference between civil and criminal law is on two different objects which law seeks to pursue based on how the legal system works including how to get compelling compensation or restitution as well punishing wrongdoer. So you know whether you deal with criminal or civil case or situation based on state and federal legal regulation, including determine rights and protections.
Here are differences between civil vs criminal law, which is quoted from diffen.com :
| Civil Law | Criminal Law | |
|---|---|---|
| Definition: | Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. | Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. |
| Type of punishment: | A defendant in civil litigation is never incarcerated and never executed. Losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant’s behavior. | A guilty defendant is punished by either incarceration in a jail or fine paid to the government, or, in exceptional cases, the death penalty. Crimes are divided into two broad classes: Felonies and Misdemeanors. |
| Burden of proofs: | Burden of proofs is initially on the plaintiff and then switches to the defendants. | Burden of proofs is always on the state/government. |
| Case file: | By private party. | By government. |
| Examples: | Landlord/tenant disputes, divorce proceedings, child custody proceedings, property disputes (real estate or material), etc. | Theft (by deception or unlawful taking), assault, robbery, wanton endangerment, trafficking in controlled substances, alcohol intoxication, etc. |
