Criminal Vs Civil Essay

756 words - 4 pages

Criminal Law vs. Civil Law
There are numerous differences between criminal and civil law. Criminal law is defined as a body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. (The Free Dictionary by Farlex) Civil law is defined as the body of laws of a state or nation dealing with the rights of private citizens. (The Free Dictionary by Farlex)
In an attempt to explain the difference, you must first understand criminal law. Criminal laws are substantive and divided into categories of misdemeanors and felonies. The primary difference ...view middle of the document...

e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small (Standler, 1998).
Burden of proof is another major difference. The burden of proof is the duty of one party to convince the judge or jury that their version is the truth. In criminal court it is the prosecutions responsibility to prove beyond a responsible doubt. Judges explain the reasonable doubt standard to jurors in a number of ways. Federal jury instructions provide that proof beyond a reasonable doubt is "proof of such a convincing character that a reasonable person would not hesitate to act upon it in the most important of his own affairs." (The Free Dictionary by Farlex). In civil court proof is by a preponderance of the evidence. This is a much lower burden of proof than in criminal court. A preponderance of the evidence simply means that one side has more evidence in its favor than the other, even by the smallest degree (The Free Dictionary by Farlex).
In summary there...

Other assignments on Criminal Vs Civil

Courtroom Observation Essay

1513 words - 7 pages Courtroom Observation Name School Class Professor Date The case being tried is, number 82A04-8876-CV-285, Deborah White vs. Patrick Gibbs and O'Malley's Tavern. The case is being disputed in front of the U.S. District Court in the Northern District of Indiana. Deborah White is the plaintiff and Patrick Gibbs and O'Malley's Tavern are the defendants. Deborah White's attorney's are Amanda Babbit and Jackson Walsh

Section 498a Of The Ipc Essay

1894 words - 8 pages number of cases. Right to life and liberty of every citizen is guaranteed under Article 21 of the Constitution of India. But this life and liberty can be curtailed if they hinder others’ life and liberty. For that due process of law is necessary. While civil law determines what is right and what is wrong, the criminal law imposes penalty to deter. SOME REFERENCE CASES IN LIGHT OF SECTION 498A BEING A BANE 1) Jasbir Kaur vs. State of Haryana

Healthsouth Scandal

2596 words - 11 pages community before that first trial. Scrushy and his supporters denied the claims (Faulk, 2011). Scrushy however had other lawsuits and criminal charges pending. Barr (2005) reported Scrushy faced a $2.88 billion lawsuit brought by HealthSouth shareholders for inflating the company's earnings between 1996 and 2003. In the civil trial in Birmingham, Ala., Scrushy vigorously argued that he neither played a role in nor was aware of the financial deception

Gun Control

1987 words - 8 pages opposing gun control. Americans have a choice and this choice will be debated below. America was founded on the principle of freedom and the rights of an individual to live in a nation built by the people, for the people. The government has begun to use tragedy, terrorism and civil unrest to force unjustified laws and federal controls into action that are a direct attack on our civil liberties. The NSA and other federal organizations have

Contract Law

5420 words - 22 pages their loss or damages by involving law. Such law which deals for the protection of those who face this civil wrong is known as Tort Law. Tort law is different from Criminal Law because the tort may result from negligent but not intention or criminal actions. Tort Law Liability The party that commits the tort is known as the tortfeasor. A torfeasor incurs tort liability, means that the tortfeasor is found to be liable or responsible for the damages

Case

9859 words - 40 pages 1985 Rules on Criminal Procedure, to wit: “Sec. 5. Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, arrest a person: (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (b) When an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it

Final Exam

3535 words - 15 pages Court, then appeal it to the Appellate Division, and if necessary, appeal to the NY Court of Appeals. The NY Court of Appeals is the highest Court in NY State.” -Public law v. Private Law Public Law: Laws enacted by some authorized governmental body. State/Federal Constitutions Federal Securities Laws Zoning Laws Criminal Statutes Private Law Private Law: Here, the law is developed between two individuals. Freedom of Contract (“K

Mental Health Audit

5190 words - 21 pages in Augusta- Richmond County, Georgia. The treatment center provides mental healthcare. There are special groups and programs for adolescents, persons with co-occurring mental and substance abuse disorders, women, men, and criminal justice groups. Special language services provided for hearing impaired, Spanish and foreign languages other than Spanish. The company’s mission is to provide the highest quality behavioral health care in a

2g Scam

5398 words - 22 pages Public Accounts Committees. First-cum First-serve vs. Auctioning: The Dilemma The story began in January 2008 Department of Telecommunications issued 120 new licences for unified access services on the same day. These licences were issued at price which had been discovered in 2001. Issuance of 120 licences in just one day and at a price discovered in 2001 drew the attention of Media, Parliament and informed members of the civil society

Mgt216

714 words - 3 pages The first ethical issue presented in the ethics game simulation was whether to warn consumers about the contaminated product and what information to provide consumers about the contaminant. The second ethical issue was whether to sell a product that does not meet U.S. safety requirements in a foreign market that has lower safety restrictions. G-BioSport was not required to meet prior approval from the Federal Drug Administration before they

Economy Effect Of Marijuana

277 words - 2 pages Modern American History by Alan Renga 2nd Mid Term! You will be given 3 Short Essay questions and 20 Multiple Choice questions deriving from this list! 80 points total! The 1920s Warren Harding then Calvin Coolidge Tea Pot Dome 1st Red Scare Immigration Restriction, Sacco and Vanzetti Langston Hughes, Marcus Garvey, KKK Prosperity, advertising Prohibition, Al Capone Flappers, Clara Bow, Rudolph Valentino Babe Ruth, Jack Dempsey

Similar Documents

Classifacations Of Law Essay

766 words - 4 pages upon factors such as whether the person is a repeat offender, whether it is a hate crime, whether it was self-defense etc. It also defines the responsibilities and rights of the accused. Procedural law deals with the method and means by which substantive law is made and administered. Procedural law comprises the rules by which a court hears and determines what happens in civil or criminal proceedings. Therefore its procedural law that helps decides

Exclusionary Rule Evaluation Essay

924 words - 4 pages this right, defends us. The rationale and purpose of Exclusionary Rule discourage police delinquency. Exclusionary Rule is also grounded in Fourth Amendment and it is projected to guard people from prohibited searches and seizures. This Rule is also intended give a deterrent and remedy, which is short of criminal prosecution in reply to prosecutors and police who unlawfully collect substantiation in infringement of the Fifth Amendment in the Bill

Busi Law Day 1 Essay

767 words - 4 pages methods of enforcing the rights established by substantive law * Civil vs criminal * Civil law is everything that is not criminal – criminal is doing wrong against * Commerce Clause * - need to know article 1 section 8 of constitution * The us constitution expressly permits congress to regulate commerce with forein nations and among several states, and with indian tribes” * Greater impact on business than any

Powerpoint Chapter 1 Essay

1207 words - 5 pages 
(Statement
of
Cash
Flows).
 1-36 Sarbanes‐Oxley
Act
(2002)
 •  Chief
execu3ves
and
chief
financial
 officers
of
public
companies
cer3fy
 financial
statements
filed
with
SEC
are
 materially
accurate
and
complete.
 •  Poten3al
civil
and
criminal
liability.
 1-37 Financial
vs.
Income
Tax
vs.
 Management
Repor0ng
 •  Opera3ng
informa3on
summarized
under
 three
different
sets
of
rules.
 •  Differences
among:
 –  Financial
Repor3ng
(GAAP).
 –  Income
Tax
Repor3ng
(Congress
and
IRS).
 –  Management
Repor3ng
(Top
management).
 •  Similari3es
tend
to
be
greater
than
 differences.
 1-38