Civil & Criminal Law
What's the Difference?
It is generally assumed that civil law refers to the rules regulating private relationships, such as marriage, contracts, and personal injuries, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.
In civil litigation, the burden of proof is initially on the plaintiff. However, there are a number of technical situations in which the burden shifts to the defendant. For example, when the plaintiff has made a prima facie case, the burden shifts to the defendant to refute or rebut the plaintiff's evidence. Few tort claims (e.g., fraud) require that plaintiff prove his/her case at a level of "clear and convincing evidence", which is a standard higher than preponderance, but less than "beyond a reasonable doubt."Examples of what civil law deals with:
- marriage and divorce
- if someone owes you money
- rent agreements
- evictions
- damage to property
- injuries to people
- disputes over a hire-purchase agreement
In contrast, criminal law governs actions and relationships that are deemed to harm society as a whole." In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration; misdemeanors have a maximum possible sentence of less than one year incarceration.
In criminal litigation, the burden of proof is always on the state. The state must prove that the defendant is guilty. The defendant is assumed to be innocent; the defendant needs to prove nothing. (There are exceptions. If the defendant wishes to claim that he/she is insane, and therefore not guilty, the defendant bears the burden of proving his/her insanity.
Examples of different crimes and breaking the law:
- rape
- public violence
- assault
- theft
- trespass
"Criminal Law," Microsoft® Encarta® Online Encyclopedia 2007
http://encarta.msn.com © 1997-2007 Microsoft Corporation. All Rights Reserved. © 1993-2007 Microsoft Corporation. All Rights Reserved.
www.paralegaladvice.org.za/docs/chap03/01.html
Return to the Index