Transcript Civil vs. Criminal courts

OCTOBER 23, 2014
Civil vs. Criminal courts
Imagine …
You are putting your groceries into your cars trunk when the grocery cart rolls away,
crashing into the car next to you and scratching it slightly. The car’s owner sees the
scratch and begins yelling and cursing at you. You apologize, and point out that its not
too bad, but he just becomes more infuriated. At this point, you decide its best to just
ignore him and keep loading up your car. That seems to work better, as he gets into his
car and starts to back out.
Then…
BAM!!
Is this a civil case? A criminal
case? Both or neither?
Does it matter whether he
actually hit your or not?
Key Differences between
Civil Court
Criminal Court
 A plaintiff (an individual or corporation) who
feels that they have been wronged sues a
defendant (an individual, corporation, or US
government).
 The government brings formal charges
against an individual or corporation (the
defendant) for actions that are against the law.
Actions may or may not be considered
harmful to society as a whole
 Actions are considered harmful to society as
a whole
There must be a victim (the plaintiff)
May be a victimless crime
 Defendant is presumed innocent; court
decides case based upon ‘a preponderance of
evidence”
 Defendant is presumed innocent; defendant
must be found guilty beyond a reasonable
doubt
 If the defendant is found guilty, he may be
asked to do something, to stop doing
something, or to pay damages.
If the defendant is found guilty, he may be
sentenced to pay a fine, serve jail time, or be
supervised by an agent of the court.
Civil, Criminal, or Both?
Show a 1 for civil, 2 for criminal, or 3 for both / either.
 In which court is a defendant more likely to be found guilty? 1 - civil
 In which court(s) may a ‘victimless’ crime occur?
2 - criminal
 Which court(s) might try a case involving drug possession? 2 - criminal
 Which court(s) might hear a fraud case?
3 – both / either
 Which court(s) might hear a murder case? 3 – both / either
Burden of Proof
The “burden of proof” in both civil and criminal cases rests with the entity who
brought the suit – the plaintiff in civil cases and the government in criminal cases.
This means that it is the plaintiff’s / government’s responsibility to prove the guilt
of the defendant.
The defendant has absolutely no responsibility. While a defendant has the right
to argue why he is innocent, he can be found innocent even if he and his lawyers
don’t do a thing.
The burden of proof does still differ between criminal and civil cases, however …
how so? In criminal cases, the government must prove guilt beyond a reasonable doubt,
while in civil cases the plaintiff just has to demonstrate a preponderance of
evidence.
Ways to Resolve a Court Case
Court cases can be resolved in a number of ways
 Litigation – Litigation is when the case is resolved in court, by the decision of a judge
or jury. One side wins, the other loses.
 Negotiated settlement – Occurs when both parties get some of what they wanted.
Often done without admitting guilt. The two parties negotiate directly with each other
to achieve this result.
Mediation – A third party reviews the evidence and comes up with a possible solution
that may or may not be agreed to by both parties. If both parties don’t agree, another
way to resolve the case must be used. Usually each party will achieve some of what
they wanted.
Arbitration – A third party review the evidence and comes up with a legally binding
solution. The arbitrator’s decision carries the weight of law. Often this is a ‘winner take
all’ situation, muck like litigation.