Key Differences Between Civil and Criminal Cases
Civil and criminal cases differ in nature, initiation, consequences, and roles of parties involved.
Nature of Cases
Civil cases are
private disputes
between individuals or organizations,
often involving issues like breach of contract or personal injury
. These cases are non-
criminal and typically revolve around private property rights
. In contrast, criminal cases involve actions that are harmful to society, such as murder, theft,
or assault
. These cases are initiated by the government,
with the prosecutor representing the state
.
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Initiation Process
A civil case begins when a party files a complaint,
paying a filing fee
.
This complaint outlines the legal claims and the relief sought
. In contrast, a criminal case starts with a charge, which is a formal accusation of criminal activity. The prosecutor decides on the charges after reviewing police reports and evidence.
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Legal Consequences
In civil cases,
the goal is to resolve disputes and seek compensation or specific performance
. The remedies can include monetary damages or injunctions. Criminal cases, however, aim to punish the offender, with potential outcomes including fines,
imprisonment, or both
.
The focus is on maintaining public order and deterring future crimes
.
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Role of Parties
In civil cases, the parties involved are the plaintiff, who initiates the lawsuit, and the defendant, who is being sued.
Both parties are typically represented by attorneys
. In criminal cases, the government, represented by a prosecutor, brings charges against the defendant.
The defendant is presumed innocent until proven guilty
.
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