Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Written By Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
ContributorAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Updated: Aug 29, 2023, 7:20am
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The U.S. court system is used to protect people’s rights and provide legal remedies.
There are two primary categories of cases that can come before courts: civil and criminal cases. It is important to understand the difference between a civil vs. criminal case so you can determine what type of legal proceedings are appropriate in your situation and what the possible outcomes are of each case type.
This guide explains everything you need to know about the difference between civil vs. criminal law.
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Civil laws govern disputes between private parties. A civil case is one in which an individual or entity (such as a corporation) uses the court system to pursue a legal remedy. Common types of civil cases include:
If you need the court to step in and take action to protect your legal rights or address a breach of someone else’s legal obligations, you initiate a civil case by filing the appropriate documents with a civil court.
Criminal law relates to wrongs committed against the public. If a state or federal government prohibits a certain type of behavior and the laws prohibiting that misconduct are violated, an agent of the state (such as a prosecutor or a district attorney) will take legal action against the violator.
Both the federal government and individual states have their own bodies of law defining what types of behaviors constitute a crime. Many different kinds of wrongdoing could result in criminal charges including but not limited to:
Crimes are usually divided into two broad categories: misdemeanors, which are less serious offenses that can result in under a year of jail time, and felonies that are more serious and can result in harsher consequences including a year or more of incarceration, life imprisonment or even the death penalty.
There are some important differences between civil vs. criminal law that you need to understand. Here’s what they are.
In a typical civil case, a plaintiff files a lawsuit against a defendant. A plaintiff could be:
When a plaintiff sues in a civil case, the goal is typically for the court to find that a defendant violated a duty to the plaintiff and for the court to determine an appropriate remedy.
In the case of a family law claim, the goal is to determine the rights and obligations of each party to the case. One person—a plaintiff or petitioner—initiates legal proceedings to resolve issues such as paternity of a child, child support or property division in a divorce. The other party who is served with papers informing them of court proceedings is called the defendant and must respond to the plaintiff’s claims.
In many criminal cases, things work differently. Private individuals cannot initiate a criminal case, although they can work with a prosecutor to do so. But, ultimately, an agent of the state such as a prosecutor or the district attorney must bring charges.
In some criminal cases, there is a victim who was wronged. For example, in a kidnapping or murder case, someone has been victimized. But that is not true in all situations. The state will prosecute someone who drives drunk even if no one is directly harmed by the intoxicated driver because the drunk driver is a danger to the public.
A prosecutor can also bring charges without the cooperation of a victim if there is sufficient evidence. For example, someone could be charged with statutory rape and prosecuted even if the person who was the victim of the underaged sexual acts does not cooperate with prosecutors and does not wish to press charges.
Another major difference between a civil vs. criminal case is the burden of proof.
In a criminal case, a prosecutor must prove guilt beyond a reasonable doubt. In a civil case, a lesser burden of proof applies. The plaintiff must typically prove their claims by a preponderance of the evidence. This means that more likely than not, the plaintiff’s version of the facts is accurate, the defendant did violate the plaintiff’s rights and the court should impose an appropriate remedy.
The potential penalties are perhaps the biggest difference between a civil and criminal case.
In a criminal case, penalties could include fines, required community service and required drug and alcohol counseling. The penalties could also include incarceration or even the death penalty. A person can lose their freedom or even their life for violating the criminal laws established by the state and federal government.
In civil cases, jail time and the death penalty are never potential consequences. Usually, the remedies are monetary in a civil case. A defendant could be ordered to compensate a plaintiff for the losses the defendant caused by failing to live up to their legal obligations to the plaintiff.
In some cases, the court could order a defendant to take a particular action as a remedy in a civil case, such as following through on the promises made in a breached contract. But, the penalties are much more limited in civil claims when a defendant has violated the rights of the plaintiff rather than wronged society.