Differniate between criminal law and civil law
Answers
Civil Law versus Criminal Law comparison chart
Civil Law Criminal Law
Definition
Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. Criminal law is the body of law that deals with crime and the legal punishment of criminal offenses.
Purpose
To deal with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. To maintain the stability of the state and society by punishing offenders and deterring them and others from offending.
Jury opinion
In cases of civil law, the opinion of the jury may not have to be unanimous. Laws vary by state and country. Juries are present almost exclusively in criminal cases; virtually never involved in civil actions. Judges ensure law prevails over passion. In the criminal justice system, the jury must agree unanimously before a defendant is convicted.
Case filed by
Private party Government
Decision
Defendant can be found liable or not liable, the judge decides this. Defendant is convicted if guilty and acquitted if not guilty, the jury decide this.
Standard of proof
"Preponderance of evidence." Claimant must produce evidence beyond the balance of probabilities. "Beyond a reasonable doubt":
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Burden of proof
Claimant must give proof however, the burden may shift to the defendant in situations of Res Ipsa Loquitur (The thing speaks for itself). "Innocent until proven guilty": The prosecution must prove defendant guilty.
Type of punishment
Compensation (usually financial) for injuries or damages, or an injunction in nuisance. A guilty defendant is subject to Custodial (imprisonment) or Non-custodial punishment (fines or community service). In exceptional cases, the death penalty.
Examples
Landlord/tenant disputes, divorce proceedings, child custody proceedings, property disputes, personal injury, etc. Theft, assault, robbery, trafficking in controlled substances, murder, etc.
Appeals
Either party (claimant or defendant) can appeal a court's decision. Only the defendant may appeal a court's verdict. The prosecution is not allowed to appeal.
Commencement of proceedings
State/People/Prosecution by summons or indictment By way of pleadings, Representatives of the state, Prosecutor, Attorney General.
CRIMINAL LAW
Deals with conduct or acts that defines law as offences .
It usually begins with the lodging of an FIR with the police who investigate the crime after which a case is filed in the court .
If found guilty the accused can be sent to jail and also fined .
CIVIL LAW
Deals with any harm or injury to the rights of individuals .
Petetion has to be fined before the relevant court by the affected party only . In a rent matter , either the landlord or tenant can file a case .
The court gives the specific relief asked for .
Example : in a case between a landlord and a tenant , the court can order the flat to be vacated and pending rent to be paid .