Showing posts with label Type of Punishment. Show all posts
Showing posts with label Type of Punishment. Show all posts

Wednesday, 29 August 2012

CIVIL LAW Vs CRIMINAL LAW


The main differences between Civil Law and Criminal law are enumerated below:

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 (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offences.
Burden of proof:             
"Preponderance of evidence" Burden of proof is initially on the plaintiff and then switches to the defendants.
"Beyond a reasonable doubt": Burden of proof is always on the state/government.
Type of punishment:     
A defendant in civil litigation is never incarcerated and never executed. Losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant’s behavior. Either party (plaintiff or defendant) can be found at fault.
A guilty defendant is punished by either incarceration in a jail or fine paid to the government, or, in exceptional cases, the death penalty. Defendant can be found guilty or not.
Case filed by:
Private party     
Government
Appeal:               
Either party may appeal a decision in a civil suit.    
Only the defendant may appeal a court ruling in a criminal case. The prosecution cannot appeal if the defendant is found not guilty.
Note: The distinction between civil and criminal law cannot always be maintained because some acts are considered both as crimes as well as civil wrongs.