Difference Between Civil and Criminal Cases
Civil vs Criminal Cases
Cases are mostly filed in two categories ‘“ civil suit or criminal suit. Civil cases deal with disputes or quarrels or disagreements between organisations, individuals, or between the two. Criminal cases deal with a criminal act or offence.
In criminal cases, there is a possibility that someone found guilty is either imprisoned or executed or asked to pay fines according to the depth of the case. Crimes falls under two categories ‘“ felonies and misdemeanors. In felonies, someone found guilty gets more than a year’s imprisonment, and in misdemeanors, the imprisonment is less than one year. In civil law, a person is not incarcerated or executed. The losing defendant has to reimburse the plaintiff for the losses he had caused.
The burden of proof in criminal cases lies with the State. It is the State that has to prove the defendant is guilty. As the defendant is presumed to be innocent, there is no need for the defendant to prove anything. The burden of proof in criminal cases is ‘beyond a reasonable doubt.’
In civil cases, the burden of proof lies on the plaintiff. In some cases, the burden of proof may shift to the defendant. In case the plaintiff has a prima facie case, then there is a chance that the burden may shift to the defendant. In civil cases, the burden of proof is ‘preponderance of the evidence.’
In civil cases, both the parties concerned may appeal to a higher court. But in criminal cases, only the defendant can appeal to a higher court. The prosecution cannot make an appeal if the defendant is not found guilty.
Summary
1.Civil cases deal with disputes or quarrels or disagreements between organisations, individuals, or between the two. 2.Criminal cases deal with a criminal act or offence.
3.In criminal cases, there is a possibility that someone found guilty is either imprisoned or executed or asked to pay fines according to the depth of the case.
4.In civil law, a person is not incarcerated or executed. The losing defendant has to reimburse the plaintiff for the losses he had caused.
5.In criminal cases, the burden of proof always lies with the State. It is the State that has to prove the defendant is guilty. In civil cases, the burden of proof lies on the plaintiff.
6.In civil cases, both the parties concerned may appeal to a higher court. But in criminal cases, only the defendant can appeal to a higher court.
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