Friday, June 19, 2020
Civil And Criminal Procedures - Free Essay Example
Why is civil procedure different from criminal procedure? In criminal matters, action is taken by the state (either federal, state, or local government agencies) against an individual for a violation of the law. A criminal matter can result a sentence such as a fine, probation or time in jail. The sentence is imposed upon a defendant who pleads or is found guilty to keep him from acting in the same manner in the future and also to deter others from acting in a similar manner. Since a criminal matter can result in the state taking away a persons freedom, there are additional constitutional protections built into the rules of criminal procedure. In civil matter, the controversy is between two or more people (people can include individuals, businesses or government agencies). Most often, the result is an award of money to be paid by one party to the other. The judgment is imposed to make the aggrieved person whole for the harm that has been caused by the other. A judgment in a civil matter does not include the imposition of a criminal sentence. The rules of civil procedure are different than that of criminal procedure because proceedings are different. Criminal procedure From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Criminal_procedure Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that s/he is innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Rights, and it is included in other human rights documents. However, in practice it operates somewhat differently in different countries. Similarly, all such jurisdictions allow the defendant the right to legal counsel and provide any defendant who cannot afford their own lawyer with a lawyer paid for at the public expense (which is in some countries called a court-appointed lawyer). Again, the efficiency of this system depends greatly on the jurisdictions. In some jurisdictions, the lawyers provided to indigent defendants are often overworked or less competent, or may not take much interest in the cases they have to defend.[citation needed] Civil procedure From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Civil_procedure Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced, what kind of service of process (if any) is required, the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks must function. Civil Procedure is one of the first-year law school courses mandated by the American Bar Association.[1] Differences between civil and criminal procedure Ward Churchill testifying in defense of his scholarship in the civil trial of Ward Churchill v. University of Colorado on March 23, 2009. Criminal and civil procedure are different. Although some systems, including the English, allow private persons to bring a criminal prosecution against another person, prosecutions are nearly always started by the state, in order to punish the defendant. Civil actions, on the other hand, are started by private individuals, companies or organizations, for their own benefit. The cases are usually in different courts, and juries are not so often used in civil cases. In Anglo-American law, the party bringing a criminal charge (that is, in most cases, the state) is called the prosecution, but the party bringing most forms of civil action is the plaintiff or claimant. In both kinds of action the other party is known as the defendant. A criminal case against a person called Ms. Sanchez would be described as The People v. (=versus, against or and) Sanchez, The State (or Commonwealth) v. Sanchez or [The name of the State] v. Sanchez in the United States and R. (Regina, that is, the Queen) v. Sanchez in England. But a civil action between Ms. Sanchez and a Mr. Smith would be Sanchez v. Smith if it was started by Sanchez, and Smith v. Sanchez if it was started by Mr. Smith. Most countries make a clear distinction between civil and criminal procedure. For example, a criminal court may force a convicted defendant to pay a fine as punishment for his crime, and the legal costs of both the prosecution and defense. But the victim of the crime generally pursues his claim for compensation in a civil, not a criminal, action.[2] In France and England, however, a victim of a crime may incidentally be awarded compensation by a criminal court judge. Evidence from a criminal trial is generally admissible as evidence in a civil action about the same matter. For example, the victim of a road accident does not directly benefit if the drive r who injured him is found guilty of the crime of careless driving. He still has to prove his case in a civil action, unless the doctrine of collateral estoppel applies, as it does in most American jurisdictions.[2] In fact he may be able to prove his civil case even when the driver is found not guilty in the criminal trial, because the standard to determine guilt is higher than the standard to determine fault. However, if a driver is found by a civil jury not to have been negligent, a prosecutor may be estopped from charging him criminally. If the plaintiff has shown that the defendant is liable, the main remedy in a civil court is the amount of money, or damages, which the defendant should pay to the plaintiff.[2] Alternative civil remedies include restitution or transfer of property, or an injunction to restrain or order certain actions. The standards of proof are higher in a criminal case than in a civil one, since the state does not wish to risk punishing an innocent pers on. In English law the prosecution must prove the guilt of a criminal beyond reasonable doubt; but the plaintiff in a civil action is required to prove his case on the balance of probabilities.[2] Thus, in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason (not just a feeling or intuition) for this doubt. But in a civil case, the court will weigh all the evidence and decide what is most probable. What is differences between civil procedure and criminal procedure? https://wiki.answers.com/Q/What_is_differences_between_civil_procedure_and_criminal_procedure [Improve] civil procedure is the rules and regulations applied to civil matters in the US. Criminal Procedure details the rules and regulations of criminal proceedings. civil procedure is the rules and regulations applied to civil matters in the US. Criminal Procedure details the rules and regulations of criminal proceedings. civil procedure is the rules and regulations applied to civil matters in the US. Criminal Procedure details the rules and regulations of criminal proceedings. civil procedure is the rules and regulations applied to civil matters in the US. Criminal Procedure details the rules and regulations of criminal proceedings. civil procedure is the rules and regulations applied to civil matters in the US. Criminal Procedure details the rules and regulations of criminal proceedings. civil procedure is the rules and regulations applied to civil matters in the US. Criminal Procedure details the rules and regulations of criminal proceedings. How do civil and criminal law differ? https://www.abanet.org/publiced/practical/criminal/criminal_civil.html Both criminal and civil cases involve a dispute over the rights and responsibilities of the people involved. In civil matters, the issue is usually money. In a criminal case, however, the defendant might be ordered to pay a fine or sentenced to probation, jail or prison, or even death. It is the possibility of losing life or liberty that distinguishes criminal from civil penalties. What is the difference between civil and criminal law? https://wiki.answers.com/Q/What_is_the_difference_between_civil_and_criminal_law Answer Criminal law refers to those actions that have been declared illegal. They are prosecuted by the state (city, state or country). The defendant is found guilty beyond a reasonable doubt or found not guilty. Criminal laws are malum per se, meaning that it is against the moral principles of society. They are normally punished with fines and/or loss of freedom through jail or probation. Civil laws are malum prohibitum, meaning that they are against the law because someone has said so. These are things like speeding and parking violations. They do not result in loss of freedom, though they can result in loss of privilages or fines. Civil Law deals with disagreements between citizens were no crime has been committed, or a separate cause of action even when a crime has been committed. The defendant is found liable by a preponderance of the evident, meaning they jury believes that it is likely that the defendant did what they are accused of by more than 50% of the evidence, or the y are found not liable. A famous example is that OJ was tried twice, once on a criminal action for murder where he was acquitted, and once for a wrongful death suit, which he was found liable for. Answer Civil law pertains to non criminal charges such as a person owes someone a debt and hasnt paid, a landlord taking a tenant to court to get any rent due, etc. Criminal law deals with criminal activities such as D.W.I.s, robberies, assaults, etc.wih criminal laws you have to prove beyond reasonable doubt and with civil you have to prove preponderance of evidence. Answer Criminal laws are laws that seek to prevent people from deliberately or recklessly harming each other or each others property, civil laws seek to prevent disputes between individuals, organizations, or governments, in which no criminal laws have been broken. Answer In criminal law the burden of proof is that guilt must be shown beyond all reasonable doubt. Whiles in civil law the burden of proof is that liability must be shown on the balance of probabilities. Civil and Criminal Law https://www.wvlrc.org/civilcriminal.htm Civil Law     All legal questions that dont involve crimes are matters of civil law. When a suit is filed in court over a broken contract, deliberate or negligent injury, withheld government benefit, failed marriage (divorce) or any other dispute, a civil action has been brought and civil law is involved. In a civil action, the court may be asked to issue orders, award monetary damages or dissolve a marriage, but imprisonment is almost never a possibility. An exception is when a court orders a parent to pay child support and the parent willfully refuses.  Areas of Civil Law: Administrative Law                        Employment Law                     Military Law Bankruptcy                                     Energy Law                              Multimedia Law Business and Professions Law      Environmental Law                  Municipal Law Civil Rights Law                             Estate Planning                        Prison Law Commercial Law                             Evidence                                   Property Law Computer Law                                Family Law                                Public Utilities Law Constitutional Law                         Health Law                                Tax Law Consumer Law                               Housing Law                              Tort (Personal Injury) Law Contracts                                        Insurance Law                           Unemployment Insurance Corporation Law                            Intellectual Property Law          Vehicle Law Creditor/Debtor Law                     Juvenile Law                               Veterans Law Cyberlaw                                        Labor Law                                    Warranties Education Law                               Landlord/Tenant Law                   Welfare Law Elder Law                                       Media Law                                    Workers Compensation Criminal Law     Generally, if a certain type of behavior is punishable by imprisonment, then criminal law is involved. For example, legislatures have generally chosen to treat shoplifting as a crime, and convicted shoplifters can end up in jail. On the other hand, most legislatures have chosen not to criminalize shady business practices. Instead, they have designated them as matters for which victims can sue for monetary compensation that is, civil offenses.     Criminal charges are usually initiated in court by a government prosecutor, though some states allow minor criminal charges to be brought by a victim. The government is always involved, however, because crimes are considered offenses against the people. Accordingly, if you are involved in a legal dispute with a non-governmental individual or corporation, then the matter is not criminal. But because both the state and federal governments are often involved in civil as well as criminal matters, it is impossible to tell whether you are dealing with a criminal or civil situation based solely on the fact that a government entity is one of the parties. Areas of Criminal Law: Assault and Battery                         Juvenile Offenses                      Rape Breaking and Entering                     Kidnapping                                 Robbery Burglary                                            Larceny                                      Shoplifting Conspiracy                                        Lewd Behavior                           Smuggling Disorderly Conduct                          Malicious Mischief                    Tax Evasion Drug and Narcotics Offenses          Marijuana Cultivation                Trespass Drunk Driving                                  Murder                                        Weapons Offenses Information on this page was taken from Legal Research: How to Find Understand the Law by Stephen Elias Susan Levinkind, Nolo, 2003. Criminal and Civil Law https://www.cscja-acjcs.ca/criminal_civil_law-en.asp?l=4 Criminal law, one of two broad categories of law, deals with acts of intentional harm to individuals but which, in a larger sense, are offences against us all. It is a crime to break into a home because the act not only violates the privacy and safety of the homes occupants it shatters the collective sense that we are secure in our own homes. A crime is a deliberate or reckless act that causes harm to another person or another persons property, and it is also a crime to neglect a duty to protect others from harm. Canadas Criminal Code, created in 1892, lists hundreds of criminal offences from vandalism to murder and stipulates the range of punishment that can be imposed. Since crimes are an offence against society, normally the state or Crown investigates and prosecutes criminal allegations on the victims behalf. The police gather evidence and, in court, public prosecutors present the case against the person accused of the crime. For someone to be convicted of a crime, it must be proven that a crime was committed and, for most offences, that the person meant to commit the crime. For instance, striking another person is the crime of assault but it is only a crime if the blow was intentional. Civil law deals with disputes between private parties, or negligent acts that cause harm to others . For example, if individuals or companies disagree over the terms of an agreement, or who owns land or buildings, or whether a person was wrongfully dismissed from their employment, they may file a lawsuit asking the courts to decide who is right. As well, the failure to exercise the degree of caution that an ordinarily prudent person would take in any situation may result in a negligence claim. Depending on the circumstances, a person may be held responsible for any damages or injury that occurs as a result of their negligence. Family law cases involving divorce, parental responsibility for children, spousal support, child support and division of property between spouses or common law couples represent a large portion of the civil law cases presented to the courts. Challenges to decisions of administrative tribunals, allegations of medical malpractice and applications for distribution of the estates of deceased persons are other examples of civil cases. The party who brings the legal action is known as the plaintiff or applicant, while the party being sued is the defendant or respondent. The courts may dismiss a case, or if it is found to have merit, the courts may order the losing party to take corrective action, although the usual outcome is an order to pay damages a monetary award designed to make up for the harm inflicted. The state plays no role in civil cases, unless the government launches a lawsuit or is the party being sued. Parties retain a lawyer or may choose to represent themselves to gather evidence and present the case in court. Differing standards of proof: More ev idence is needed to find the accused at fault in criminal cases than to find the defendant at fault in civil ones. To convict someone of a crime, the prosecution must show there is proof beyond a reasonable doubt that the person committed the crime and, in most cases, that they intended to commit it. Judges and juries cannot convict someone they believe probably committed the crime or likely is guilty they must be almost certain. This gives the accused the benefit of any reasonable doubt and makes it less likely an innocent person will be wrongfully convicted and imprisoned. Civil cases, in contrast, must be proven on a balance of probabilities if it is more likely than not that the defendant caused harm or loss, a court can uphold a civil claim.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.