Hello, my name is Susan Farris and my hobby is learning about the law. I have an uncle who is an attorney and I've always looked up to him and that's why I find subjects on law very interesting. Through speaking with my uncle and doing research on my own, I've learned about all the different fields of law. Each field of law centers on its own subject and most attorneys specialize in a certain area of law. These include criminal, personal injury, family, bankruptcy, criminal, immigration and business. I find each one of these fields very interesting and I have the utmost admiration for lawyers because they help people through their legal struggles. I wanted to share this information with others who have questions about the different types of attorneys and the law.
In the United States there are many different types of law. Sometimes you learn about law in school, other times you learn about law from a TV show. Civil and criminal are two important bodies of law that often get confused with each other, but they're important to understand as a U.S. citizen. With so much information out there to absorb, it's easy for all the information to get tangled up.
Read on to find out the distinct differences between criminal and civil law:
Who Is The Crime Against?
One important question to consider when determining whether a crime falls under civil law or criminal law is asking who the crime is against. Civil law refers to a dispute between two individuals; the individual is the one who brings on the lawsuit. Some examples of civil law are divorce cases, personal injury, and defamation. Criminal law refers to a crime against the state; the prosecutor is the person who brings on the charges on behalf of the state. Some examples of criminal law include assault, robbery, and drug use.
What Is The Punishment?
Another important distinction between criminal law and civil law is the punishment. Criminal law seeks to punish criminals in an effort to keep society in order and to deter the criminal and others from committing a crime again. Punishment for violating criminal law ranges from community service and hefty fines to spending time in prison.
Civil law seeks to solve the dispute between two individuals through awarding the victim with compensation or through the use of an injunction (an order to stop a specific behavior).
Standard and Burden Of Proof
The standard of proof (the amount that needs to be proven to convict) varies greatly between civil and criminal law. Because the punishment is less severe in a civil case, the standard of proof is less. The person bringing on the lawsuit has the burden of proof; they must present the evidence.
In a civil case, the evidence must imply that the crime probably happened. In a criminal case, the burden of proof is on the prosecutor. Not only does the prosecutor have to provide all the evidence, but they must prove the crime beyond a reasonable doubt.
Criminal and civil law vary greatly in their definitions, punishments, and procedures. Knowing the differences between these two types of law helps you be informed and know your rights as a citizen. To learn more, contact a company like Marberry Law Firm, P.C. for help.Share
2 December 2014