In the simplest terms, a criminal case sometimes involves some type of crime that is damaging to society. Civil cases deal more with private conflicts be they between firms, organizations or folk. This article examines these two a little more closely.
Civil cases typically involve private disputes between persons or associations. Criminal cases involve an action that is considered to be damaging to society as a whole. Below is a contrasting of the key differences between civil and criminal cases.
Criminal Law:
Once an individual has been charged with a crime, the step after that is either getting information or an indictment, the latter being for felony and other major crimes. If this action occurs in the USA Attorney's Office or a State Attorney's office depends on whether the person is charged with a state or Fed. crime.
Unlike civil cases, anyone that has been victimized by a crime needn't assist opening a case against a charged. Rather, it's the job of the legal system to move on charges and getting the case on the docket. Note , however , that not all criminal charges result in a victim. The most widely known example of this is Driving Under the Influence. A person can be arrested before any harm comes to others or property.
The sentencing part of a criminal process has a variety of levels. The less egregious the crime, the lower the penalties (i.e. The punishment must fit the conviction). Some of the sorts of sentences include imprisonment, community supervision (probation), house arrest (think Martha Stewart) or a monetary fine.
Civil Law
Civil actions begin with people or entities. The accuser is the individual or entity bringing a claim against another (called the suspect). The complainant must prove that the entity or person did not satisfy some obligation (such as re-paying a loan).
Together with the complaint, the litigant frequently asks for some kind of compensation, or minimally restitution value-for-value. For example, if Mary borrowed Sam's cell-phone and broke it, Sam can go to civil court to get the money to replace the telephone if Mary ignores her responsibility. In this situation there would be no cash involved for 'pain and suffering'.
As with criminal law a civil case can occur either in a State or Fed. court. Contractual disputes generally happen in a State court (the state in which the contract is valid). Having mentioned that if the parties concerned are from different states, then the Fed court while the total of the damages is over $75,000.
This article is for educational uses only. You should always talk with your solicitor before making any legal choices. The Mays Legal Firm isn't responsible for action taken based on information in this piece.
Civil cases typically involve private disputes between persons or associations. Criminal cases involve an action that is considered to be damaging to society as a whole. Below is a contrasting of the key differences between civil and criminal cases.
Criminal Law:
Once an individual has been charged with a crime, the step after that is either getting information or an indictment, the latter being for felony and other major crimes. If this action occurs in the USA Attorney's Office or a State Attorney's office depends on whether the person is charged with a state or Fed. crime.
Unlike civil cases, anyone that has been victimized by a crime needn't assist opening a case against a charged. Rather, it's the job of the legal system to move on charges and getting the case on the docket. Note , however , that not all criminal charges result in a victim. The most widely known example of this is Driving Under the Influence. A person can be arrested before any harm comes to others or property.
The sentencing part of a criminal process has a variety of levels. The less egregious the crime, the lower the penalties (i.e. The punishment must fit the conviction). Some of the sorts of sentences include imprisonment, community supervision (probation), house arrest (think Martha Stewart) or a monetary fine.
Civil Law
Civil actions begin with people or entities. The accuser is the individual or entity bringing a claim against another (called the suspect). The complainant must prove that the entity or person did not satisfy some obligation (such as re-paying a loan).
Together with the complaint, the litigant frequently asks for some kind of compensation, or minimally restitution value-for-value. For example, if Mary borrowed Sam's cell-phone and broke it, Sam can go to civil court to get the money to replace the telephone if Mary ignores her responsibility. In this situation there would be no cash involved for 'pain and suffering'.
As with criminal law a civil case can occur either in a State or Fed. court. Contractual disputes generally happen in a State court (the state in which the contract is valid). Having mentioned that if the parties concerned are from different states, then the Fed court while the total of the damages is over $75,000.
This article is for educational uses only. You should always talk with your solicitor before making any legal choices. The Mays Legal Firm isn't responsible for action taken based on information in this piece.
About the Author:
Stepen Mays is the owner of The Mays Law Firm, a firm that offers free consultations on it's website.
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