Courts responses 1 1. One difference between criminal law and civil law is criminal law cases are strictly conducted only through the criminal court syste
Courts responses 1 1. One difference between criminal law and civil law is criminal law cases are strictly conducted only through the criminal court system. In contrast civil law cases deal with the private rights of citizens this is when a person has his or her rights violated, when two parties have a dispute or one party with an organization. In criminal cases is defendant is either found guilty or acquitted beyond a reasonable doubt. It is the responsibility of the state or federal government to obtain this evidence to prove the person guilty beyond a reasonable doubt. In civil court a plantiff brings up a claim or lawsuit against a defendant, this burden of proof falls upon the plantiff who must prove the defendant is responsible for the dispute that occurred, The defendant if found to be in the wrong is considered to be liable to repay what is due to the plantiff. It is important to separate criminal and civil cases because in criminal cases charges are brought up by government officials compared to civil cases brought up by an individual, although in civil cases it can include a government entity or private party. Categories of civil law include torts, contracts, and property law to name a few. Crimes can be categorized as an action that violates a statute enacted by a public authority, also the penalties are classified differently for example felonies misdeamenors and infractions. Differentiating the consequences of each court is a must or else one court or the other would be overwhelmed with either civil cases or criminal cases and wrong verdicts would be reached due to the excess amount of cases being heard.
2. According to Siegel, Schmalleger & Worrall (2018), criminal law and civil law differ because criminal law cases are strictly conducted only through the criminal court system and civil law cases deal with citizens’ rights. When an individual deems that his or her rights were violated by a member of the community or an organization or agency, the individual can petition the civil courts division and seek restitution and mediation. In criminal cases the state or federal government must obtain evidence and prove beyond reasonable doubt that the accused is guilty of the crime he or she has been charged. In civil cases, the burden of proof is the responsibility of the plaintiff and if and when the plaintiff is found guilt of the stated violation, the civil court jurors will determine the amount of restitution the accused is liable for. Both civil and criminal cases can have jurors or be strictly judge interaction. Separating criminal and civil cases are important because criminal cases charges are brought forth by governmental officials compared to civil cases brought forth by members of the community. Although civil cases can include a government entity, organization, agency or citizen, the burden of proof in civil cases lies on the plaintiff. Lawsuits brought forth in civil law include bodily harm and injury, broken contracts, torts, contracts, and property damage (Siegel, Schmalleger & Worrall, 2018). Criminal cases brought forth by governmental officials are deemed as an action that violates a statute or law enacted by public authority (Siegel, Schmalleger & Worrall, 2018). These violations range from felonies misdemeanors and infractions. It is important separate courts of law to adjudicate civil and criminal matters because each court entity is governed by their own set of statutes which are interpretated by the judge to determine the outcome of fine, restitution or sentence. Additionally criminal court burden of proof lies on the state and government official while civil court burden of proof lies on the plaintiff.
3. Civil law focuses on the private rights of individuals. This occurs when an individual believes that his/her rights are violated. For example, if an individual works for a company and his/her contract states a certain thing and the company fails to honor the contract; that individual might want to begin a lawsuit. On the other hand, criminal law deals with establishing legal punishments for individuals who have committed a crime. For example, murder, assault, theft, arson, etc. Criminal law cases are conducted through the criminal court system. One key difference between criminal law and civil law is that a defendant in a criminal court is found guilty beyond a reasonable doubt. The state or federal government has the responsibility to prove whether or not the defendant committed the crime undoubtedly. In contrast, in civil courts a plaintiff brings a lawsuit against a defendant. The plaintiff must prove that the defendant is responsible for the act of wrongdoing. If a jury determines that the defendant was responsible than he/she would be liable for it rather than guilty. Another key difference between criminal law and civil law is that in criminal case, the defendant’s sentence would be established by a judge. A judge must follow the sentencing guidelines that are established by current criminal law. Also, the judge has some discreation within those sentencing guidelines. In civil cases, a defendant that was found liable for an act of wrongdoing can be ordered to pay for damages.It is important to provide separate courts of law to adjudicate civil and criminal matters. Both courts have different goals and their own set of statues must be followed. Also, criminal cases have a more severe punishment and there is a guideline that must be followed as well. It all depends on the type of crime that was committed. Separating both courts are also important because there are different expertise that a criminal judge may not have studied civil law and visa versa.
4. Civil Law deals with property, money, housing, divorce, custody of a children, and more personal individual matters. Criminal Law deals with offences that are committed against society, which is reprimanded with different degrees of punishments The punishments very depending on the type of crime comitted. Criminal law would deal with situations such as murder, rape, and arson, while civil law would involve custody battles, divorce filings and seperation of assets/property. That would be the first major difference, the type of situations they handle. The next difference would be how they handle reprimanding offenders. In criminal law, jails and prisons are used, as well as sometimes even the death penality. In civil court, things like communnity service and monetary fines would be a more suitable form of punishment.These laws and situations need to be adressed in separate courts of law. The different types of circumstances handled between the two types of courts are very different, and need to be handled and adressed differently. It would be best to have experts on each side of these courts, as having people who specialize in both could possibly lower their accuracy. When a professional focuses on one rather than the other, they would be able to use and distribute their knowledge better in one area.
5. Civil law concerns settling disputes between the rights of indiviuals. This happens when a person claims that another person has failed to do tasks or services owed to the plaintiff. For example if a person enters a contract that states that certain things need to be completed if that person fails to complete that the individual can begin a lawsuit due to the failure that occured. Some examples of civil cases may be equitable claims, property disputes,etc. Criminal law are conducted through a criminal court system. A key difference between criminal and civil cases are criminal cases people can be found guilty beyond reasonable doubt. In a criminal cases the person acccused of the criminal act is generally charged for a felony or serious crime or misdemeanors. When the court determines that the individual commited the criminal act that person will receive a sentence. It is important to have separate courts of law to adjudicate civil and criminal matters. Both of these matters have different things they need to be discussed and diffferent statues that need to be followed. Criminal cases have worse punishment and different rules that need to be followed. I think the type of crime that is being discussed can determine whether they can separate courts.