Free Civil Versus Criminal Law FAQs | Free Civil Versus Criminal Law Legal FAQs

What Is The Difference Between Criminal Law And Civil Law?

Mon, 31 Mar 2008 09:49:17 GMT

Civil law involves a private lawsuit between two or more parties. Examples of civil cases include personal injury and business disputes. Criminal matters involve a matter between the state or federal government and a citizen or corporation who has been accused of committing an act that has been classified as a crime by statute. A Criminal action is a public action because the state or federal government prosecutes crimes on behalf of the general public in the jurisdiction they serve. In criminal law, the action is initiated by the state or federal government through a prosecutor rather than being initiated by the victim, as it is in civil law. The burden of proof is also different in civil and criminal law. Plaintiffs in a civil law suit only need to show by a preponderance of the evidence that a defendant is 51% or more liable (responsible) for the damages. In a criminal matter the defendant does not have to prove that he is innocent. But rather, the prosecutor has to prove to the judge or jury “beyond a reasonable doubt” that the defendant is guilty of the crime charged. This burden is very high.

Lastly, the remedies in civil court are generally limited to money damages. The remedies in criminal court may involve a money fine and/or a prison sentence.

Can Some Activities Be Both A Criminal Offense And A Civil Offense?

Wed, 26 Dec 2007 19:32:36 GMT

Yes. For example, if Dave decides to walk up and slug Matt, Dave may be guilty of battery in a criminal court and he may also be liable to Matt for battery in a civil court. Many times, a defendant in a criminal case will plead “no contest” as opposed to “guilty.” For purposes of the criminal matter, the plea has the same effect as pleading guilty. However, a “no contest” plea will not have a negative effect in a civil matter.

Is Being Guilty The Same As Being Liable?

Wed, 26 Dec 2007 19:35:42 GMT

No. Guilt and innocence are terms used only within a criminal proceeding. Liability or non-liability are terms used only within a civil proceeding.

How Could O.J. Be Found Not Guilty In His Criminal Case, Yet, Liable In His Civil Case?

Wed, 26 Dec 2007 20:21:06 GMT

As discussed above, the burden of proof in a criminal matter is different than in a civil matter. To be found guilty in a criminal proceeding, the state must show beyond a reasonable doubt that you are guilty of the crime charged. Beyond a reasonable doubt is a difficult burden to meet. In a civil case the plaintiff must show by a preponderance of the evidence that the defendant is responsible for any damages. Numerically, a preponderance of the evidence is a showing of a 51% certainty that the defendant is responsible. Beyond a reasonable doubt requires a showing of guilt closer to 100%. This explains why some people are found “not guilty” in a criminal case then found “liable” in a civil case that is based upon the same underlying facts.

Can I Be Arrested For The Sole Purpose Of Being Questioned On A Matter?

Fri, 21 Dec 2007 21:40:08 GMT

No. The police can request that you accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offense.

Do The Police Have To Wait Until I Have An Attorney Present Before They Question Me?

Mon, 31 Mar 2008 10:07:21 GMT

No. It is legal for the police to question you without the presence of an attorney or notifying you of your right to an attorney so long as the questioning is merely investigatory and you believe that you are free to go and you have not been formally charged. Even if you are arrested, there is no requirement that you have an attorney present before answering police questions. However, once you ask for an attorney, the police, under the 6th Amendment of the Unites States Constitution are prohibited from asking you any additional questions until your attorney is present.

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