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  1. #1
    bosun is offline Senior Member
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    Default civil and criminal law

    Hello!

    I am trying to compare the two laws: civil and criminal law. If you see any mistakes can I have your comments?

    1..While the lawsuit is brought by two individuals in the case of civil law, the lawsuis in criminal case is brought by the state against an individual.

    2. while civil case deals with minor offenses, such as divorce, or defamation, criminal cases deal with criminal offenses, such as theft or murder.

    In addition, in civil cases no one will be imprisoned. THe person who found guilty will be asked to award some money to the plaintiff or be prvented from taking a certain action.

    4. Until the lawsuit finishes, the defendant will be considered innocent in criminal cases, but in civil cases, the court will decide in favor of one party based on evidence.

  2. #2
    svartnik is offline Banned
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    Default Re: civil and criminal law

    Quote Originally Posted by bosun View Post
    Hello!

    I am trying to compare the two laws: civil and criminal law. If you see any mistakes can I have your comments?

    1..While the lawsuit is brought by two individuals in the case of civil law, the lawsuis in criminal case is brought by the state against an individual.

    2. while civil case deals with minor offenses, such as divorce, or defamation, criminal cases deal with criminal offenses, such as theft or murder.

    In addition, in civil cases no one will be imprisoned. THe person who found guilty will be asked to award some money to the plaintiff or be prvented from taking a certain action.

    4. Until the lawsuit finishes, the defendant will be considered innocent in criminal cases, but in civil cases, the court will decide in favor of one party based on evidence.
    In a criminal case, the lawsuit is brought against the defendant by a prosecutor, who acts on behalf of a government entity.
    On the other hand, a civil case is legal action that is started by a plaintiff, who claims to have received damages from a defendant's actions.

    2. A civil case includes minor offences, such as...
    Criminal cases deal with...

    Criminal cases result in the government's prosecution in an effort to both punish the criminal, and to deter further criminal acts. Punishment for criminal cases includes fines and/or incarceration, depending on the crime.
    In a criminal case, the crime victim cannot receive financial compensation from the defendant if the defendant is found guilty. If a crime victim feels that they are entitled to financial compensation for the crimes committed against them, they must pursue a separate civil action against the defendant.
    In a civil case, however, if a defendant is found guilty, they will not face incarceration. Rather, the defendant will be required to repair the wrong they created.

  3. #3
    Barb_D's Avatar
    Barb_D is offline Moderator
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    Default Re: civil and criminal law

    In the US, you cannot say that civil matters are for minor offenses. There may be no offense at all, but simply different ways of interpretting a contract. There can also be gravely important matters, such as whether someone would be allowed take a severely injured relative off of life support and therefore lead to the death of that person. Certainly not minor. On the other hand, you can have minor criminal offenses.

    Again, in the US, the judge can call for a criminal offender to pay restitution to a victim of his crime, so the victim can recieve money from the wrong-doer. The difference is that the victim is not an actual party in the case; the "state" takes up his case on his behalf.

    It's interesting that the wronged party in a criminal case can not want the other person charged, but that's not his or her decision; the district attorney, representing the state, can still charge the person with a crime, without the victim's cooperation. (Battered wives may not want their husbands tried for assault; teen girls may not want their older lovers charged for statuatory rape. However, the DA may proceed with the case anyway.)

    I don't really understand what you're trying to say in #4. Can you say it another way?

  4. #4
    Tdol is offline Editor, UsingEnglish.com
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    Default Re: civil and criminal law

    Quote Originally Posted by bosun View Post
    2. while civil case deals with minor offenses, such as divorce, or defamation, criminal cases deal with criminal offenses, such as theft or murder.
    Civil cases are not only for minor things- very large sums of money can be at stake in contract law cases, for example.

    Quote Originally Posted by bosun View Post
    4. Until the lawsuit finishes, the defendant will be considered innocent in criminal cases, but in civil cases, the court will decide in favor of one party based on evidence.
    I'm not sure what you mean here.

  5. #5
    bosun is offline Senior Member
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    Default Re: civil and criminal law

    What I am trying to say is that in Briton, even though a person commited a crime, before the judege decides that he/she is guilty, he/she is innocent while in civil cases, the defefdent may have to give money to the plaintiff rathern than be declared guilty or not. I will attach an original sentence.

    CRIMINAL LAW:
    Breaking the law - murder, theft, criminal fraud

    Cases are brought by the state - the Director of Public Prosecutions (DPP) and are referred to as 'The Crown versus the Accused.' (In Scotland, the cases are brought by the Procurators Fiscal)

    A Defendant is innocent until proved guilty 'beyond all reasonable doubt.' (In Civil actions, a case is proved on the 'balance of probablilities' )--> This is the part I am trying to explain in my own word. Can you help me?

  6. #6
    Barb_D's Avatar
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    Default Re: civil and criminal law

    Boson you are combining two different aspects.

    One is the standard of proof.
    One is the result.

    In a criminal trial, the defendant is innocent until proven guilty, and the standard of proof is that the defendant must be found guilty beyond a reasonable doubt.

    In a civil trial, it's only necessary to be more likely than not.

    In a criminal trial, the result may be jail/prison, or probation, or a fine, or even ordered to pay restitution to the victim, or any combination of these.

    In a civil trial, it's whatever is being sued for: it may be money, it may be having the person fulfill a contract, it may be who receives a house when the owner has died, etc.

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