difference between Civil and criminal law
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DEGREES JUSTICE STUDIES BLOG CURRENT:GENERAL JUSTICE STUDIES
Civil Law vs. Criminal Law: Breaking Down the Differences
By Will Erstad on 10/29/2018
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From John Grisham’s best-selling novels and Law and Order on TV, to the more recent fad of true crime shows and podcasts, there is a fascination of how the media portrays the American legal system. Audiences are drawn to the drama, suspense and justice of the courtroom. We love to watch and listen as lawyers do what they do best: Defend the innocent and prosecute the guilty.
But how much do you really know about how the law actually works? Are you aware of the nuances of civil law versus criminal law? You’ve heard the terms used, but do you really know how they differ?
We enlisted some legal experts to help break it down. Keep reading to explore the similarities and differences between civil law and criminal law.
Civil law vs. criminal law: The basics
If you’re at all curious about the topic, you’ve likely already employed the tried-and-true method of checking the Merriam-Webster dictionary.* Here’s what they have to offer:
Criminal law definition: The law of crimes and their punishments
Civil law definition: The law of civil or private rights
While these statements are accurate, they’re hardly the all-inclusive definitions you’re looking for. You’re probably left with even more questions, so let’s dig into some of the basic differentiators between civil and criminal law.
The main difference between civil and criminal law deals with people who committed a wrong against another person. Robert Odell, a Hollywood employment lawyer, helps us break down the definitions of civil and criminal law based on the parties involved.
So what is civil law? To put it simply, civil law deals with disputes between one entity and another. The guidelines for these disputes are outlined in official documents like the Business and Professions Code, the Health and Safety Code and other governmental rules and regulations. The cause of action in these cases can be initiated by private as well as public parties.
Criminal law, on the other hand, deals with an individual’s offenses against the state or federal government. It may sound literal—like someone assaulting a government official—but an offense against the state essentially means breaking a criminal law established by government.
“In simple terms, the difference between civil and criminal laws lies in the codes and statutes used in the practice of each,” Odell says. He goes on to explain that criminal law, which deals with offenses against the government—crimes like murder, theft, drunk driving—is guided by the penal code. Only the government can initiate the prosecution in criminal cases.
Civil law vs. criminal law: Conduct at issue
Since the rules or laws being violated vary between civil and criminal law, the specific conduct at issue also differs.
“The conduct at issue in criminal cases is generally more serious than civil cases and frequently involves intent,” says Peter Anderson, a Washington, D.C. civil litigation attorney. “Civil cases frequently involve negligent conduct.”
For example, a person intentionally killing another person is a criminal offense. A civil offense, on the other hand, often looks more like someone failing to follow city code—not clearing snow from a sidewalk that results in someone slipping and getting hurt, for example. Failing to shovel, in most cases, doesn’t live up to the standard of a criminal act, but it is against the rules and gives the person harmed an avenue for seeking justice for damages.
Civil and criminal law examples
While the following examples are by no means comprehensive, they should give you a better idea of the subjects and types of cases you may find in either branch of law.
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