How much do you really know about how law works? Legal matters can be extremely challenging to understand especially with the different verbiage used and regulations. The two most known types of law you should know are criminal and civil. Knowing the distinctions between these two terms will put you on the fast track to becoming an expert.

Criminal Law

Criminal law penalizes those who break established rules. For example, if a person violates a public statute, they have committed a criminal act. Criminal penalties involve loss of some rights and jail time. This type of law aims to deter crime, punish the perpetrator, provide retribution for the victims, and prevent future crimes.

Civil Law

Civil law is a term for all non-criminal law, typically settling monetary or property-related disputes between private citizens. This law deals with individual rights or interests of contractual nature that have been violated by another individual or group. There are four main categories that fall under civil:

Contract Law

Contract law will enforce agreements between individuals, businesses, or groups for exchanging money, services, goods, and property.

Property Law

Property law pertains to the different issues of owning personal and real property.

Family Law

Family law concerns issues and relationships, including child custody, divorce, adoption, paternity, and emancipation.

Tort Law

Tort law involves the protection and compensation for those whom the negligence of others has injured.

What Are The Differences?

Commencement of Cases

In the case of criminal law, the victim is called the prosecutor, who files a complaint with the police against the defendant. Prosecutors can only report a crime and cannot file a criminal case in court.

Civil law cases commence when one party files a complaint against an individual or a company. The complaining party is known as the plaintiff, whereas the responding party is known as the defendant. This process is known as litigation.

System

Criminal law is put into effect for the safety and welfare of the people. Therefore, prosecutors and police are hired by the government using public funds. Any victimized civilian can report a crime, and the state must investigate and support the victim.

Civil law cases are often individual or organizational disputes. Because they do not threaten society, if someone wants to be represented by a lawyer, they must hire one.

Punishment

The most significant difference between civil and criminal law is the nature of punishment in the case of an offense. Disciplines of criminal law are more severe and can result in incarceration, imprisonment, or a penalty.

Punishments of civil law are not that serious and do not involve life-threatening verdicts because criminal defendants have more protection rights than civil defendants. Civil penalties result in the loss of funds, and the defendant's property is found liable.

The Burden of Proof

Another distinction between civil law and criminal law is the burden of proof. In the case of a criminal offense, the burden of proof against the defendant lies with the state. Criminal cases require over 99% proximity of evidence for a sentence.

In civil cases, the burden of proof lies with the plaintiff and the defendant in litigation. The judge or jury can give the verdict on the majority of evidence favoring one party.

Final Verdict

Although criminal and civil cases both involve problems and solutions, there are several important distinctions. By recognizing these differences, you’ll be able to understand even the most complex situations.