Civil vs. Criminal courts October 23, 2014 Civil vs. Criminal courts

Imagine … You are putting your groceries into your cars trunk when the grocery cart rolls away, crashing into the car next to you and scratching it slightly. The car’s owner sees the scratch and begins yelling and cursing at you. You apologize, and point out that its not too bad, but he just becomes more infuriated. At this point, you decide its best to just ignore him and keep loading up your car. That seems to work better, as he gets into his car and starts to back out. Then… Is this a civil case? A criminal case? Both or neither? Does it matter whether he actually hit your or not? This can be EITHER a civil case OR a criminal case OR BOTH! And it doesn’t matter whether he actually hits you (battery) or just creates a situation where you legitimately feel you might be harmed (assault) … both are civil torts (a wrong committed by one person/organization against another) and both are considered harmful to society as a whole (and are thus against the law / crim BAM!!

Key Differences between Civil Court Criminal Court A plaintiff (an individual or corporation) who feels that they have been wronged sues a defendant (an individual, corporation, or US government). Actions may or may not be considered harmful to society as a whole There must be a victim (the plaintiff) Defendant is presumed innocent; court decides case based upon ‘a preponderance of evidence” If the defendant is found guilty, he may be asked to do something, to stop doing something, or to pay damages. The government brings formal charges against an individual or corporation (the defendant) for actions that are against the law. Actions are considered harmful to society as a whole May be a victimless crime Defendant is presumed innocent; defendant must be found guilty beyond a reasonable doubt If the defendant is found guilty, he may be sentenced to pay a fine, serve jail time, or be supervised by an agent of the court.

Civil, Criminal, or Both? Show a 1 for civil, 2 for criminal, or 3 for both / either. In which court is a defendant more likely to be found guilty? In which court(s) may a ‘victimless’ crime occur? Which court(s) might try a case involving drug possession? Which court(s) might hear a fraud case? Which court(s) might hear a murder case? 1 - civil 2 - criminal 2 - criminal 3 – both / either How do you know? 3 – both / either

Burden of Proof The “burden of proof” in both civil and criminal cases rests with the entity who brought the suit – the plaintiff in civil cases and the government in criminal cases. This means that it is the plaintiff’s / government’s responsibility to prove the guilt of the defendant. The defendant has absolutely no responsibility. While a defendant has the right to argue why he is innocent, he can be found innocent even if he and his lawyers don’t do a thing. The burden of proof does still differ between criminal and civil cases, however … how so? In criminal cases, the government must prove guilt beyond a reasonable doubt, while in civil cases the plaintiff just has to demonstrate a preponderance of evidence.

Ways to Resolve a Court Case Court cases can be resolved in a number of ways Litigation – Litigation is when the case is resolved in court, by the decision of a judge or jury. One side wins, the other loses. Negotiated settlement – Occurs when both parties get some of what they wanted. Often done without admitting guilt. The two parties negotiate directly with each other to achieve this result. Mediation – A third party reviews the evidence and comes up with a possible solution that may or may not be agreed to by both parties. If both parties don’t agree, another way to resolve the case must be used. Usually each party will achieve some of what they wanted. Arbitration – A third party review the evidence and comes up with a legally binding solution. The arbitrator’s decision carries the weight of law. Often this is a ‘winner take all’ situation, muck like litigation.