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Paralegal Studies

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Criminal vs. Civil Law
Jennifer M. Martin
Kaplan University
Professor Hardgrave 9pm

Criminal vs. Civil Law
The American Legal System consist of two types of case laws. They are civil and criminal case laws. In Civil case, it begins when a person or entity (plaintiff) claims a person or entity (defendant) didn’t fulfill their legal obligation to the plaintiff. Whereas, Criminal case begins when a Government (United States Attorney or States Attorney) prosecutes a defendant if charged with a state or federal crime. In this essay, I will discuss the difference between the two case laws. (Cheeseman) The punishment in criminal law begins when anyone who is found guilty of a crime, whether misdemeanor or felony, will result in punishment by incarceration, fines, probation or even in some states death penalty if was results in deaths. For example, when someone is sentenced to so many years in jail for a felony robbery or murder. Whereas, Civil law the defendant is remanded by the court to pay restitution with no incarceration. For example, when Capital One takes a client to court for defaulting on his or her agreed contract to pay on the credit card. The court may have the defendant pay restitution to the plaintiff, which is Capital one. The standard proof of crimes must be proved beyond reasonable doubt. Meaning, when the accused is being prosecuted, the prosecutor has to prove whether or not the defendant is guilty or not. When there is beyond reasonable doubt between the judge or jury, the defendant must be found not guilty. If the judge or jury do see unreasonable doubt, then they must find the defendant guilty beyond reasonable doubt. In other words, someone being accused of murder, the prosecutor must prove to the courts beyond reasonable doubt that someone is guilty. Whereas, the standard of proof in civil lawsuits is preponderance of evidence. This is

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