How do criminal cases differ from civil cases?Select an Answer
A. In civil cases, the government charges an individual with violating a statute enacted to protect public health, safety, morals, or welfare; criminal cases involve disputes among people or businesses over money or some injury to personal rights.
B. In criminal cases, the government charges an individual with violating a statute enacted to protect public health, safety, morals, or welfare; civil cases involve disputes among people or businesses over money or some injury to personal rights.
C. Whereas the two most common types of criminal cases involve contracts and torts civil cases originate in state and municipal courts and range from tax evasion and fraud to acts of terrorism and the sale of narcotics
The correct answer and explanation is:
The correct answer is B. In criminal cases, the government charges an individual with violating a statute enacted to protect public health, safety, morals, or welfare; civil cases involve disputes among people or businesses over money or some injury to personal rights.
Explanation:
Criminal cases and civil cases differ primarily in their purpose, participants, and outcomes.
- Nature of the Case:
- Criminal Cases: These involve actions that are considered harmful to society or public order. The government (prosecutor) charges an individual or entity with violating a law that is meant to protect public health, safety, morals, or welfare. These crimes can range from theft, assault, or murder to more serious offenses like terrorism or drug trafficking.
- Civil Cases: These involve legal disputes between private parties, which could be individuals, businesses, or organizations. Civil cases are generally about resolving issues related to personal rights, property, contracts, or monetary compensation. For example, a person may sue another for damages caused by a car accident or breach of contract.
- Parties Involved:
- In criminal cases, the government is always the plaintiff, and the individual accused of the crime is the defendant. The government acts on behalf of society to enforce the law.
- In civil cases, the plaintiff is typically an individual or business seeking compensation or resolution for an injury or loss, and the defendant is the person or entity being sued for the harm caused.
- Burden of Proof:
- In criminal cases, the burden of proof is on the prosecution, and the standard is “beyond a reasonable doubt.” This is a very high standard because the consequences of a criminal conviction can include imprisonment or fines.
- In civil cases, the burden of proof is lower, and the standard is “preponderance of the evidence,” meaning the plaintiff must show that it is more likely than not that the defendant is responsible for the harm.
- Consequences:
- Criminal cases result in penalties like imprisonment, fines, or probation if the defendant is found guilty.
- Civil cases typically result in monetary compensation or orders for the defendant to take or refrain from certain actions (e.g., in an injunction).
These fundamental differences illustrate the distinct nature and purpose of criminal and civil law systems.