Law influences our lives regularly, governing what we can and cannot do, resolving disputes, punishing, and managing law enforcement matters. Some laws are generally accepted and laws that cause debate. In social, political, and economic life, law plays a critical role. Law is a set of rules developed and implemented by social or governmental entities to control conduct. Its exact meaning has long been a source of contention.
Law’s Significance in a society
The law is fundamental because it provides a standard of behavior for people. It gives proper rules and order for all citizens’ conduct. It ensures the smooth operation of society. There would be a disorder if there were no rule, and it would be survival of the fittest and all for themselves. For the most part, this is not an optimal way of life.
The law facilitates modernization and social progress. It is also a representation of the essence of social complexity and the problems that come with its integration.
Law serves many purposes, but the following four are the most important:
- Laws protect individual rights and liberties
- Laws include a structure and collection of rules to aid in the settlement of particular disputes
- Standards would not get set if there were no rules and
- Laws aid in the maintenance of social order.
Types of Law
There are seven main types of laws: The Constitution, Statutory law, Common or Case Law, Civil Law (Private law), Criminal Law, Equity Law, and Administrative Law. Suppose you enjoy learning about the nuances of the legal system. In that case, you may want to consider taking an online criminal justice degree or a part in a trial, which might help you plan for contemporary law enforcement careers.
This article will explain the main difference between the two main types of law; civil and criminal.
The Fundamentals of Civil and Criminal Law
Criminal and civil law vary in how cases are started (who may file charges or file a lawsuit) and how cases are determined (by a judge or a jury). It depends on the types of punishment or penalty that may get levied, the requirements of evidence, and the legal rights.
Definition, examples, and burden of proof
Criminal laws describe criminal acts and establish civil penalties for those accused of crimes such as arson, abuse, and robbery at the local, state, and federal levels. In the criminal justice system, only criminal law cases get heard. Homicide, conspiracy theory, perverting the course of justice, and possession of a controlled drug are examples of criminal law. In a criminal case, a defendant is convicted or found guilty beyond a reasonable doubt. The state or federal government must establish that the individual unquestionably committed the crime.
Civil law, on the other hand, is apprehended with people’s right to privacy. Civil laws are helpful when an individual’s rights get violated or when citizens have disputes with other persons or groups. Some civil law issues are resolved outside of a court of law, such as using a third-party mediator. Litigations can also get settled in a non-criminal trial. Custody clashes, bankruptcy, defamation of character, contractual breach, assault, and harm to the property are examples of civil law. In a federal court, a plaintiff files a complaint against a defendant. The plaintiff bears the burden of evidence and must show that the defendant was more likely than not to blame for the issue. If a jury finds a defendant liable, he or she will be found liable rather than guilty.
The form of punishment paid for conviction is another significant difference between civil and criminal law. When an accused loses a court case, they are likely to face prison or some probation. In civil cases, the “losing” party would not go to prison until the dispute gets resolved. A financial penalty or a behavior modification order gets often imposed as a consequence of the judgment. Civil cases get mostly resolved outside of the courts. It usually entails making a sizable payout to the accuser in return for the suit getting dismissed and the accuser agreeing to little or no wrongdoing.
To sum up the difference:
Criminal law aims to punish anyone for committing a crime. The objective of civil law is to secure a remedy for the injured person, such as compensation. There are also some essential distinctions to make:
- Seeks to prevent criminals and those in society from committing crimes by imposing a sentence or penalty.
- The primary goal is to keep the state and society stable.
- The state typically files criminal law cases.
- The court’s verdict is guilty or not guilty.
- In criminal cases, a guilty verdict means conviction and penalty in the form of a jail term, a fine, or community service.
- Only the defendant has the right to appeal the court’s ruling.
- The aim is to settle conflicts between individuals or organizations.
- Compensation, an arrangement, or a decision concerning funds is likely in civil law cases.
- Private parties file civil law lawsuits.
- It is either responsible or not liable in a civil court.
- When one party is found liable in a civil case, compensation gets usually awarded.
- Every side has the right to file an appeal.
Is it possible for an individual to be charged both criminally and civilly for the same crime?
Yes, it happens regularly. In a criminal case, a person can get prosecuted; however, a persecuted person, such as an attack victim, may opt to bring a civil suit against that person as well. Even if the person gets convicted in criminal court, where the standard of evidence is high, they can still lose the civil case. And need to pay damages or restitution to the injured party.
Notably, a single wrongful act will result in criminal and civil charges because it can be both a public crime and a private injury. The former American football player O.J. Simpson is a well-known example: he got convicted of murdering his wife and her companion in 1995, but two years later, in a civil trial for wrongful death, he was found responsible for their deaths.
As you can see, there are some main differences between civil and criminal law that affect a legal team’s approach. Only criminal lawsuits get heard in the criminal court system. Civil rules, on the other hand, deal with people’s privacy rights. Laws safeguard our general wellbeing and defend our rights as citizens from violence by others. Thus, there would be chaos without the law, and it would be self-survival of the fittest and everyman.