Question

Difference between pre trial preparation in civil and criminal cases

Answer 1

This answer relates to the US judicial system…

The primary difference is that criminal matters are violations of law against the state, where the “plaintiff” is the government prosecuting the crime, whereas civil cases are matters of damage claims between private individuals.

The second major difference is the form of remedy available in the types of cases. In criminal cases, the defendant can be put in jail and/or fined by the government if they are found guilty of their criminal actions. In civil matters, remedies are limited to money damages and/or orders from the court to perform or not perform specific actions.

The third major difference is the burden of proof that the “plaintiff” must meet in order for the court to order any consequences against the defendant. In criminal matters here in the US, that standard is “beyond a reasonable doubt” — if the jury finds no reasonable doubt that the person committed the crime, then the defendant is convicted. In civil matters, the standard is a “preponderance of the evidence” meaning that if the jury finds that it is “more likely than not” that the defendant caused the alleged harm, then damages can be awarded against the defendant.

There are other, more procedural differences, including time to trial, requirements of discovery, and the implication of Constitutional rights and limitations on criminal matters that may not apply to civil matters, but those are the big three

Answer 2

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