diffrentiate between criminal law and civil law
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civil law- deals with acts that the law defines as offences. ex: murder, theft
criminal law- deals with any harm or injury to rights of individuals. ex: rent matters, divorce cases etc.
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criminal law- deals with any harm or injury to rights of individuals. ex: rent matters, divorce cases etc.
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Civil law deals with disputes arising out of contracts or accidents (torts). The remedies for such disputes are either money damages (in contractual disputes), restitution (making the injured party whole again) or injunctive relief (an order either prohibiting someone from doing some action, or mandating that someone does some specific action) in torts. The remedy for a civil suit is NEVER incarceration (unless you're talking about contempt of court, but there the contemnee “holds the keys to his own jail cell” by ultimately choosing to do that for which the judge is holding him in contempt).
Criminal law involves behavior which society deems deserving of punishment, which can take the form of a monetary fine only (infraction), a fine with some jail time not exceeding one year (misdemeanor), or state prison time of at least one year (felony)
Thus the major differences between the civil and criminal laws are the remedies as discussed above, and the different burdens of proof: in criminal law the burden is “beyond a reasonable doubt”, which is a much higher standard than the civil burden of “a preponderance of evidence” (literally, a tipping of the scales — 51%). Which is why civil juries only usually require 9 of 12 jurors to agree upon a verdict, whereas a criminal jury's verdict must always be unanimous.
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Criminal law involves behavior which society deems deserving of punishment, which can take the form of a monetary fine only (infraction), a fine with some jail time not exceeding one year (misdemeanor), or state prison time of at least one year (felony)
Thus the major differences between the civil and criminal laws are the remedies as discussed above, and the different burdens of proof: in criminal law the burden is “beyond a reasonable doubt”, which is a much higher standard than the civil burden of “a preponderance of evidence” (literally, a tipping of the scales — 51%). Which is why civil juries only usually require 9 of 12 jurors to agree upon a verdict, whereas a criminal jury's verdict must always be unanimous.
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