...simply, criminal law deals with violations of statutory crime and its punishment, civil law deals with non-criminal things such as contracts/business, and things such as divorce, etc. You can be charged under both criminal and civil proceedings though. A perfect example is OJ Simpson being aquitted of criminal charges but being found guilty in civil proceedings. Probably the biggest difference between the two is what is called "BURDEN OF PROOF" In criminal proceedings the burden is "BEYOND ALL REASONABLE DOUBT" for someone to be convicted. This means that the evidence points substantially towards guilt and there is little to no question of guilt. For a jury in this case you would need everyone in agreement or the case is a mistrial. Unaminity is the key. In civil proceedings all that is required is "preponderance of evidence" which means that if it is found that it was more likely than not that an incident occured then you can be convicted. This kind of proceeding is really a "who has the best evidence" type of case. Only a majority of jury members decision is needed in this case. ANSWER 2 1. Criminal Law cases must prove the person's guilt beyond reasonable doubt, whilst civil cases must be proved on the balance of probability 2. The main difference however is who the law is aimed at. Theoretically criminal law is a considered to be harming all members of society. Consequently, the victim of the criminal case is all of society; hence the case is brought...
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...the civil courts, the criminal court and the differences between the two hierarchies. The purpose of this article is to inform the readers about the court structure and role of the different courts. A diagram of the court structure Supreme Court- this is the highest judicial court in a country or state. Court of appeal- the court of appeal is a court of law that hears appeals against both civil and criminal judgements from the Crown. This is the second higher court, high and County courts & consists of 2 divisions; Civil and criminal divisions In the civil division, the court of appeal hears appeals to do with civil law and family justice from the high court, tribunals and sometimes from the county courts. Whilst the criminal divisions hears appeals from the crown courts. Decisions of the High Court may be appealed to the Civil Division of the Court of Appeal. Crown court- deals with indictable criminal cases that have been transferred from the Magistrates’ Courts, including hearing of serious criminal cases (such as murder, rape and robbery), cases sent for sentencing, and appeals. Cases are heard by a judge and a jury. Decisions of the Crown Court may be appealed to the Criminal Division of the Court of Appeal. The county court also deals with civil (non-criminal) matters. Magistrates courts trials of summary offences, committals to the crown court, family proceedings court and youth courts. Magistrates’ courts- hears all criminal cases. Serious criminal cases...
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...Civil Procedure v. Criminal Procedure ENC 1102 34 Week 11 Individual Work Civil Procedure v. Criminal Procedure Civil procedure relates to the process where two parties bring a case to the court for a decision on a particular problem. These problems can include but are not limited to divorces, estate distribution, work men’s comp., injury cases, or even matters such as discrimination in the workplace. Criminal procedure applies to the process where the state or federal government is charging and trying someone for a crime that was committed (Civil Procedure, 2012). The rules in civil procedure are different than those in criminal procedure because the actions that need to be taken are different. Firstly, civil procedure requires that a civil case must begin by filing a complaint. The complaint is then, served to the offending party. Once the defending party receives the complaint, they then drafts and files an answer with the court. A party in a civil case can be anyone including people, businesses, and government personnel. When the parties go in front of the court in a civil case, it is to determine whether a person was injured and if they were injured, how much should be compensated for that injury. All of this information pertaining to the civil case is specifically drafted into the court documents (American Bar, 2012). Civil cases, also, have some Constitutional protection in place. For example, the parties involved in a case must file and receive consent of the...
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...Quite simply, criminal law deals with violations of statutory crime and its punishment, civil law deals with non-criminal things such as contracts/business, and things such as divorce, etc. You can be charged under both criminal and civil proceedings though. A perfect example is OJ Simpson being aquitted of criminal charges but being found guilty in civil proceedings. Probably the biggest difference between the two is what is called "BURDEN OF PROOF" In criminal proceedings the burden is "BEYOND ALL REASONABLE DOUBT" for someone to be convicted. This means that the evidence points substantially towards guilt and there is little to no question of guilt. For a jury in this case you would need everyone in agreement or the case is a mistrial. Unaminity is the key. In civil proceedings all that is required is "preponderance of evidence" which means that if it is found that it was more likely than not that an incident occured then you can be convicted. This kind of proceeding is really a "who has the best evidence" type of case. Only a majority of jury members decision is needed in this case. 1. Criminal Law cases must prove the person's guilt beyond reasonable doubt, whilst civil cases must be proved on the balance of probability 2. The main difference however is who the law is aimed at. Theoretically criminal law is a considered to be harming all members of society. Consequently, the victim of the criminal case is all of society; hence the case is brought on...
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...Criminal Court v Civil Court; The Differences Jeff Eader Kaplan University Criminal Court v Civil Court; The Differences The American Court system was established to settle disagreements between parties that have disagreements that need to be settles. This system was created to involve two types of case proceedings, which include civil and criminal cases. There are differences between the types of cases that can be heard and tried in civil and criminal proceedings. This essay will examine differences between civil and criminal hearings in the areas of burden of proof, which party can start the case, the different types of punishment that can be handed down, and the types in each jurisdiction. Finally, the essay will examine criminal and civil case in a table format. Civil Court Hearings * Rulings * Types of Cases * Parties Involved * Burden of Proof The civil court system is a very different entity from a criminal court. This type of court hears proceedings that are about money, debts, property issues, injuries, divorce, child support, and housing issues, such as evictions and foreclosures. ("The Differences Between Civil and Criminal Court," n.d.) The judges in these types of cases have a different set of powers to enforce their findings in the case. The enforcement part of these proceedings can be as simple as a ruling, the awarding of money to one party of the case, or fining an individual. It is also important to note that an individual in...
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...Submit a 3 page paper that 1) explains the difference between litigating an embezzlement case in civil court and criminal court, and 2) discuss the role of an expert witness/fraud examiner in each proceeding. There are two major factions of the United States court system: civil cases and criminal cases. Both take place in courtrooms all across the country, but there are several differences that separate the two as well as the role of fraud examiner in each proceeding. The major difference of the two in an embezzlement case is: 1) In a criminal court case, the opposing parties are the prosecutor, often the Assistant District Attorney, and the defendant, represented by a trial lawyer. In a civil court case, however, the opposing parties are the plaintiff and the defendant, both of whom are typically represented by attorneys. 2) In a criminal court case, the prosecutor must establish the guilt of the defendant, but in a civil court case, the plaintiff must only establish the liability of the defendant. In the former, the defendant is either guilty or not guilty of a crime, while in the latter, the defendant is either liable or not liable for monetary damages suffered by the plaintiff. For example, in a criminal court case, the defendant can be found guilty of money laundry his money, while in a civil court case, the defendant can be found liable for stealing someone’s car. In civil court cases, the plaintiff must only win by a preponderance of evidence, which means that the defendant...
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...Relationship Between Criminal And Civil Law Introduction The structure of the paper is as follows.Firstly,discuss the difference between criminal and civil law,and then analyse the overlap of the two systems.finally,give some advice to a victim of a civil wrong and a crime. Body 1. distinction between criminal and civil law Criminal Law is a kind of public law, which “governs relationships between individuals and the government, and those relationships between individuals which are of direct concern to the society.” The criminal law exist to punish a person that who have committed criminal offenses. In order to punish criminals and deter crime and others they remain stable state and society. "In public law, mandatory rules prevail. Laws concerning relationships between individuals belong to private law. ” (Elizabeth A. Martin ,2003) Civil law is private law. “In England and Wales, civil law means non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law. “Civil law deals with the disputes between a person, organizations, or between the two, in which compensation is awarded to the victim. The main purpose of the civil law is to compensate individuals who have suffered loss or injury by the wrongful actions of other person. Civil law is different from criminal law, because it emphasises more upon punishment than on dispute resolution. (Glanville Williams,1982) The essence of the distinction of criminal and civil law is different...
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...children can also be classified as murder. There are a number of cases where murder has gone from being a criminal case to a civil case of wrongful death. Many murder cases where a Jury did not convict a suspect of murder went further to become a wrongful death law suit in which the family sued the Defendant. Such cases have made major headlines such as the case in which OJ Simpson was acquitted of the murders of Nicole Brown Simpson and Ronald Goldman. The families of Goldman and Nicole Simpson then sued OJ Simpson in civil court and received a judgment against Simpson for approximately $30 million dollars. This case was appealed and the judgments were affirmed by the Appellate Court in California. Cases of this nature set the stage for these actions and the types of remedies that are available to victim’s families. Should families of victims have the ability to sue a Defendant for the murder of another? Should the murder suspect be sued for wrongful death even if they are not convicted in criminal court? Murder cases in criminal court must have evidence proving that the alleged suspect committed the murder. Civil cases involving wrongful death based on a murder case should have the same standards as the same case in criminal trial. Cases of these types are a great burden on court systems and society in general. Murder Murder, is the unlawful killing of another human being. In the field of Criminal Justice the act of Murder is also called...
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...Scenario Involving Civil Liability and Civil Action Jacquelyne Anderson Professor Phillip Edwards CJ499-01 September 14, 2014 In this scenario project I will identify four alleged crimes and one criminal civil action. In addition, I will apply principles involving criminal law relevant to the criminal justice practice, and I will demonstrate my understanding of civil liabilities relative to criminal justice agencies, and practitioners. Furthermore, I will identify case laws relevant to the possible civil action that could be brought against the police officer, the department and the city. After addressing these issues, I will have described a scenario involving a civil liability and a civil action. When identifying the four alleged crimes and the one criminal civil action, regarding this scenario project, the four alleged crimes are: 1) attempted robbery, 2) drug possession, 3) carrying a gun, and 4) assault and battery. After speaking to a female victim, Officer Jones noticed an individual who partially fit the description, and walked toward them. Officer Jones identified himself, and told the individual to stop. Unfortunately, this individual did not stop, and kept on walking from the officer, and the officer shouted again identifying himself, but this time the individual stopped. When the individual stopped he looked at the officer and there was a big bulge in his right pocket, but refused to put his hands where the cop could see them. The subject began...
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...A criminal offence may lead to the panicky or the chaos of the society. For instance, terrorism, murder, burglary and so on. The target of the criminal law is to decide if the person breaks the law. The person who committed a crime could be said that he or she has offended against the state and the person should be prosecuted as the state has the rights when the person has broken the queen’s peace of the society. Furthermore, the punishment of the criminal offence could be prison, fines, community sentence and so on. Criminal law is set to deter people from committing criminal offences and to protect people from being attacked by others. Rickard (n.d.) claims that criminal law is being enacted to make sure that people do not use the law to seek for the personal justice by punishing the people which has harm us. For example, maybe someone has been raped by a person. If there is no criminal law, the victim or the family member of the victim could punish or even kill the person by saying that they are doing it only to gain the justice. As can be seen, criminal law is very important to protect everyone by preventing the physical harm from...
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...Difference Between Criminal Law & Civil Law Amanda Wenta The Paralegal Professional February 28, 2013 Unit 8 Assignment The Paralegal Professional Amanda Wenta The differences in dealing with Criminal Law and Civil Law are that dealing with someone or maybe a business, who commits violations against statutes. Civil law has to do with lawsuits that are non-criminal such as divorce, contracts, injuries in an accident, and things of that nature. In criminal law, the accountability has to be “Beyond a reasonable doubt” in order for anyone to be convicted of the crime. This means that there has to be a considerable amount of evidence towards the person or company, and that they question the guilt very little or not at all. In this type of case, if the jury doesn’t come up with a unanimous decision of guilty or not guilty, it causes a mistrial in the case. In a civil case, the balance of probability has to be proved that an incident occurred. Once it has been proved, the person or company involved in the lawsuit can be convicted. Basically, in these types of cases, the outcome really depends on who has the best evidence. If a person is a threat to society or what they have done has caused harm to someone that would be considered Criminal law. For example, the Jeffrey Dahmer case is an example of a Criminal case because he was threat to society being that he was a serial killer. If a single person or company is being sued by a single person or company...
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...for these the Supreme Court (formerly the House of Lords) is the Supreme Court. An important aspect of the European court of justice is that is prepared to overrule its own past decisions if it feels it is necessary. This is a flexible approach to past precedents is seen in other legal systems in Europe, and is a contrast to the more rigid approach of our national courts. The court is divided in to three sections which are court of justice which deals with requests for preliminary rulings from national courts and certain actions for annulment and appeals. Then the general court rules on actions for annulment brought by individuals, companies and, in some cases, EU governments. This means that this court deals mainly with competition law, State aid, trade, agriculture, trademarks. Then there is the civil service tribunal which rules on disputes between the EU and its staff. The role of the European court of justice is ensuring the EU law is interpreting the law (preliminary rulings) and that it is applied the same in every EU country ensuring countries abide by EU law and they settle legal disputes between national governments and EU institutions. If the national court is in doubt about the interpretation or validity of an EU law it can ask the court for clarification. Then it...
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...the Criminal and Civil Justice Systems? There are two different types of court systems: criminal and civil. There are vast differences between the two systems, including different types of punishments, laws, and burdens of proof. While the two systems are usually separate, there are some situations where they seem to overlap, such as wrongful death cases and cases involving police misconduct. How Does Each System Work? The first difference that should be noted is that in the criminal system, the government (either state or federal) seeks to punish a person for violating rules that have been set by a state legislature or Congress. In the civil system, there is usually a dispute between individuals or organizations as to rights and/or duties that they owe each other. In the civil system, the injured party starts things by bringing a suit. On the other hand, a prosecutor can bring a criminal case regardless of the victim¿s wishes. What Punishment are Available in Each System? In the criminal system, if you are convicted you could face fines, probation, and jail time. If you are found to be liable in a civil case, you face possible monetary damages and you may be forced to give up property. But, you will never face jail time in a civil case. Also, it should be noted that one of the purposes of the criminal system is to stigmatize an individual, unlike the civil system. What about the Burden of Proof? The burden of proof is higher in criminal cases. For a criminal case, a prosecutor...
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...James Parkins CJ230: Criminal Law for Criminal Justice January 21, 2014 In this paper I will be covering many different things. I will be covering is some of the differences between both criminal and civil law. With that I will cover the goals and objectives, difference in remedies and outcomes, commencement of each case, and how the players in each system differ. After covering all of that I will give you a scenario and we will analyze it. Civil and Criminal Law Goals and Objectives The first thing that we will cove is the goals and objective of the criminal and civil laws. Civil laws are meant for one thing. That one thing is to protect an individual rather than the public interest. It works a lot with the constitutional rights of people. Criminal law is along the same lines with civil laws. The only difference is that criminal law is meant to protect the public and help maintain social order and stability. These are the objectives of the civil and criminal laws. Difference in remedies and outcomes As far as criminal law there are a multiple amount of possible outcomes. A list of possible is prison which could be state or federal, county jail, probation, etc. As far as the civil law goes, it is much different. Normally a majority of civil law outcomes are simply a monetary settlement (settlement involving money) or restraining orders. This explains the different possible outcomes of both criminal and civil law. Commencement of each case Now we will cover the...
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...different area of England is governed by their own set of laws which is different with other state or area. After Noman Conquest during year 1066, William the conqueror, forms a strong central government and standardize the law and applies to all over the England. In the English legal system, we can distinguish law into two, which are public law and private law. Public law concerns about the relationship between the states and citizens. It contains of constitutional law, administrative law and criminal law. On the other hand, private law or known as the civil law concerns about the private...
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