Mtr and Mrs Sherman

In the United States we have two types of court litigation in place.

There is the civil court and the criminal court. “Civil litigation

Involves legal action to resolve disputes between parties, as

contrasted with criminal litigation, which is brought by the govern-

ment against a party accused of violating the law.” (Goldman and

Chessman, 2011, pg.242)

When using the civil court system a person (plaintiff) brings suit

against another (defendant) for monetary damages or other remedy.

This can be in the form of a breach of contract, patent infringement,

auto accident, or any other civil wrong. (Goldman & Chessman, 2011)

In the criminal court system, the government is the plaintiff. The

Government is bringing suit against the defendant for breaking the

Law. This can be by the federal, state, or territorial government.

(Goldman & Chessman, 2011)

The complaint is the first step in both procedures. In the civil court

“the party who is suing must file a complaint, also called a plaintiff’s

original petition or summons in some jurisdictions, with the proper

court. In the criminal cases the government must file a criminal

complaint charging the accused with the alleged crimes he or she, or

the corporation or other business, is accused of committing.”

(Goldman & Chessman, 2011, pg. 245, pg. 288)

There are statutes of limitations in which a suit can be filed, except

In specific crimes such as murder. There is no statute of limitations

for murder. There are numerous cases I have heard of over the years

(cold cases) that have gone unsolved for years and suddenly a person

persons are arrested and convicted for the crime.

A major difference in the level of proof needed to establish

entitlement to recovery is called “Burden Of Proof.” In a civil case

the burden of proof is “preponderance of evidence” where as in a

criminal case it is “beyond a reasonable doubt.” (Goldman &

Chessman,...