Civil Law
In civil law, the plaintiff has the responsibility to present evidence. In these cases, the defendant has either neglected to carry out its contract and/or the defendant has caused the plaintiff harm in some way. The person harmed may deserve compensation. Tort claims begin a civil suit when one party seeks to obtain a civil remedy to a private dispute. These claims typically result in the reward of monetary damages.
Examples of Civil Law Disputes:
- Breach of Contract – This occurs when one party does not meet the contract terms obligations.
- Equitable Claims – This is when a resolution is asked from a court to stop an action or event.
- Landlord-Tenant Claims – These disputes include contract and property law. It legally defines expectations between a landlord and their tenant.
Most civil laws are federal and are mirrored by all the states. Some states have extensions, or points of focus, regarding the formation of these laws within their communities. On that same note, compensation would also vary depending on state law.
Criminal Law
In criminal defense caes, the state, on behalf of the victim, deals with crimes and the punishments that follow. Therefore, the state is tasked to present evidence where the burden of proof exceeds reasonable doubt.
Crimes committed are usually within three categories of crime classification:
- Infractions
- Misdemeanors
- Gross Misdemeanors
- Felonies
Criminal Infraction
Infractions don’t involve jail time and can be resolved with a fine. Because one does not face jail time for these offenses, the government does not have an obligation to provide an attorney, and there is no jury present. One can contest an infraction with a private attorney. Most infractions are considered civil offenses.
Misdemeanor
Nevada misdemeanors are subdivided by class or degree to signify the severity of the crime. Misdemeanors bring with them jail time, so therefore a right to a speedy trial by a jury of your peers is part of one’s constitutional rights, and the court would appoint an attorney if one could not afford one. As per the Miranda Rights.
Gross Misdemeanor
There are also Gross Misdemeanors in some states, a step up from a misdemeanor and still below a felony.
Felony
Felonies are the most serious classification of criminal action. It can involve physical harm; repeated misdemeanors can be raised to a felony if one proves to be a continuous threat to the community and white-collar crimes. There is a range of punishments, depending on the crime and state laws, resulting in little to life in prison to even a death sentence.
