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Civil Law vs Criminal Law
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Flashcards
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Types of Consequences
Civil law often results in monetary compensation or injunctions, while criminal law can lead to imprisonment, fines, or capital punishment.
Standard of Proof
Civil law requires a preponderance of the evidence, whereas criminal law requires proof beyond a reasonable doubt.
Case Initiation
Civil cases are usually initiated by individuals or entities, whereas criminal cases are initiated by the government through a prosecutor.
Role of Lawyers
Civil lawyers often negotiate settlements; criminal lawyers may focus more on trial advocacy and procedural challenges.
Appeal Rights
In civil law, both parties can appeal, but in criminal law, only the defendant has the right to an appeal.
Legal Representation
In criminal law, defendants have the right to a court-appointed attorney if they cannot afford one; this is not generally the case in civil law.
Purpose of Law
Civil law resolves disputes between private parties, while criminal law punishes offenders who commit crimes against the state.
Protection Against Self-Incrimination
The right against self-incrimination is more pronounced in criminal law than in civil law.
Legal Remedies
Civil law provides equitable remedies and damages, criminal law often involves punitive measures such as incarceration.
Rights to Discovery
Civil litigants have broader rights to discovery compared to the more limited discovery in criminal law.
Parties Involved
Civil law involves private parties, known as the plaintiff and defendant. Criminal law involves the government prosecuting the accused.
Legal Proceedings
Civil cases follow a less stringent process compared to the more formal and rigorous criminal trials.
Privacy of Proceedings
Civil trials may be under seal or private, while criminal trials are almost always open to the public.
Jury Size and Unanimity
Criminal cases typically require larger juries and unanimous verdicts, while civil cases may have smaller juries and non-unanimous verdicts.
Secondary Proceedings
Civil law allows for mechanisms like summary judgment; criminal law includes pretrial motions like suppression hearings.
Impact on Society
Criminal law has a broader social impact due to its focus on public safety and societal norms, whereas civil law often affects only the involved parties.
Jury Trials
Jury trials are more common in criminal cases than in civil cases, where bench trials may prevail.
Statutes of Limitations
Civil law often has statute of limitations that can preclude the filing of a lawsuit after a certain period, whereas criminal law may have no limitation for serious crimes.
Potential for Settlement
Civil cases are more likely to be settled out of court than criminal cases, which often proceed to trial.
Nature of Harm
Civil law deals with harm to individual rights or property, while criminal law addresses harm to society at large.
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