The Pros And Cons Of Civil And Criminal Law
In the civil law the victim would own the claim, decide to settle out of court, and choose not to prosecute. (Friedman, 2012) The punishments would deal with award of monetary compensation. Sometimes there are also fines. (Friedman, 2012) Frank Schmallenger states a civil law governs relationships between and among people, businesses, or organizations. (Schmalleger) It has rules that govern many contracts and social obligations. (Schmalleger) When civil law is violated a civil suit follows. (Schmalleger)
Civil law deals with personal matters such as a divorce, child custody, and child support. (Schmalleger) Each state is governed by their set of rules concerning such civil matters. It also includes property transfer, wills, contracts, fraud, etc.
A contract violation is known as a tort. (Schmalleger) A victim of a tort requires property rights. (Friedman, 2012) It’s up to the victim, also known as the plaintiff, to file a motion in court. (Schmalleger) The defendant is the one whom the plaintiff is suing. …show more content…
(www.differencebetween.com) Crime is of a serious nature that poses threats to “peace and order of society.” (www.differencebetween.com) The legal perspective says that crime is an act that violates criminal law of a country. (www.differencebetween.com) Because of the high value put on freedom, defendants have more rights and protections than civil defendants. (www.rbs2.com) In criminal cases, the state will always have the burden of proof. (www.rbs2.com) They have to prove the defendant is guilty and that the defendant satisfies the element of statutory definition of the crime and participation was beyond a reasonable doubt. (www.rbs2.com) Civil cases, the burden of proof is with the plaintiff, initially, and depending on the situations it can shift to the defendant. (www.rbs2.com) The differences between acquittal and civil liability affect the findings of the case. An acquittal is when the prosecutor has failed to prove the defendant guilty beyond a reasonable doubt and civil liability is when the defendant is responsible for paying for the plaintiff’s losses.