Civil & Criminal Law

Deborah Rodriguez

Unit 8 Assignment-Paralegal Professional

07/08/2013

Civil vs. Criminal

Compare & Contrast

To compare and contrast civil and criminal cases, you must consider the cause, trial procedures, and possible punishments.

A civil case, or lawsuit, is a dispute between private parties. According to the FindLaw website, a civil suit can occur when a “person or entity (such as a corporation or the government), called the plaintiff, claims that another person or entity (the defendant) has failed to carry out a legal duty owed to the plaintiff” (FindLaw). For example, if a business is negligent in maintaining a safe environment for it’s customers, and a customer is injured as a result, that person can file a lawsuit to see remedy. Divorces and child custody matters are also civil cases.

Criminal cases, on the other hand, are caused by the alleged commission of a crime. In a criminal case, the state or federal government, called the prosecution, seeks to prove a person committed a crime and must be punished. As in a civil case, the accused person in a criminal case is called the defendant.

Civil and criminal cases alike can be resolved without having to go to trial. Many civil cases are settled out of court, meaning the parties reached an agreement, usually with the help of attorneys and, or a mediator. This typically means the defendant has agreed to pay damages or otherwise remedy the dispute. If no agreement can be reached, a civil case may go to trial. Both the plaintiff and defendant are usually represented by attorneys, but can represent themselves. Each side presents its case and the verdict is decided by a judge or jury.

Similarly, a criminal case doesn’t have to go to trial if the defendant has pleaded guilty; he’ll move directly to sentencing. If he’s pleaded not guilt, the case may go to trial. As in civil trials, each side will present evidence and the verdict will be decided by a...