The Difference Between Civil and Criminal Law Civil Law is a branch of law that depends on who is involved in the lawsuit. In civil law, the plaintiff has the responsibility to present evidence that the defendant has neglected to carry out its contract and/or that the defendant has caused the plaintiff harm in some way that deserves compensation. Additionally, Tort claims are the start of a civil suit when one seeks to obtain a civil remedy to a private dispute, typically resulting in the reward of monetary damages.
Civil law deals with many areas, such as the Breach of contract claims. When one cannot provide a legal excuse for the contract’s obligations, they have not been met. Other examples are, Equitable claims which are when a resolution is asked from a court to stop an action or event, and Landlord-tenant claims Collaborate with 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 laws—criminal law, which society sets up to protect itself. 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 (In some states), Misdemeanors, Gross Misdemeanors (in some states) and Felonies.
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.
Misdemeanors, in some states, 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. There are also Gross Misdemeanors in some states, a step up from a misdemeanor and still below a 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.