Differences,Between,Civil,Case law Differences Between a Civil Case and a Criminal Case
Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi
If youve watched a courtroom dramaor two over the course of your TV viewing years, youre probablyfamiliar with terms like civil cases and criminal cases. In contextof your favorite drama series, the differences between the two arepretty clear-cut and uncomplicated. If explained in detail, though,identifying exactly what sets the two apart can be quite tricky. Ifyoure going for brevity, the shortest answer is probably whetherthe law is seeking redress or punishment. If its the former,youre looking at a civil case; the latter is criminal.There are more differences going indetail, though. Civil cases start when a private party files a caseagainst another party be it an organization or another individual seeking monetary compensation for a perceived wrong, usually aharm, a loss, or an injury. The party filing the case is called theplaintiff and the other party the defendant. Both parties have theopportunity and are expected to show burden of proof. The plaintiffgoes first and shows the judge and the jury evidence of malpracticeor wrongdoing and the defendant follows. The words guilty orconviction are not used in a civil case; the defendant is eitherfound liable or not for damages. If the defendants liability isestablished, the plaintiff is awarded a certain amount to be paid bythe defendant. This is not to punish the defendant but to compensatethe loss that resulted from what the defendant was liable for.Some examples of civil cases arefinancial disputes between tenants, landlords, and other propertyowners, divorce proceedings, wrongful deaths, and the like. Criminal cases, on the other hand, cannever be filed by a private citizen against another private citizen.In order for the ball to start rolling, the police have to beinvolved. The victim should file a police report then the police willstart with the investigation and gather evidence then find oridentify the suspect. When theres enough evidence, the Governmentwill be the one to file the case and prosecute. The defendant has achoice of hiring their own counsel whichever New Orleans criminaldefense attorney they can afford or settle with a court-appointedlawyer.Unlike in civil lawsuits, burden ofproof in criminal cases relies on the prosecution side alone and theyhave to have 99% proof of guilt in order for the jury to convict thedefendant. When defendant is found guilty beyond a reasonable doubtand convicted of the crime, they are incarcerated for an amount oftime in accordance with the crime.Crimes are classed either as amisdemeanor or a felony with the latter the more serious offense.Examples of misdemeanor crimes are petty theft, reckless driving,prostitution, disorderly conduct, and vandalism. Punishment formisdemeanor crimes is usually incarceration of no more than 12 monthsin a local jail. Examples of felonies are murder of anydegree, kidnapping, racketeering, first degree assault, and grandtheft. Punishment for these crimes is imprisonment of at least 12months in a prison, not a jail, and usually loss of some civilrights.
Differences,Between,Civil,Case