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Criminal Law and Civil Law – How Do They Differ? The two comprehensive categories of law in the United States’ legal system are the civil law and criminal law. But there are also some cases that characterized the crime as both criminal and civil law. So how do criminal and civil laws differ? Civil Law Under the legal system, civil law is the who gets in the process if there’s any wrong-doings between private parties. Injuries are the one of the evidence of this type of case. A person who is wrongfully injured can seek the court’s decision if the person who caused the injury under negligence or malicious content is at-fault and if the negligent party needs to pay for remuneration to the victim. This law also defines cases under disagreements over property ownerships, family laws, divorces, breaching of contract, unjustifiable terminations and more.
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If you are found guilty of civil crime, you will not go to jail, pay government fines or even capital punishment. Under the civil law, the negligent party will only compensate the damages done to the injured party and other additional damages caused by his negligence. The defendant can recompense the injured person through his insurance provider or it will come from his own pocket but if he doesn’t have any asset or insurance, despite the order of the court, the injured person might not get anything at all.
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The plaintiff has the burden to convince the court of the negligent acts or the damages caused by the opposing party and once he has able to present the evidence, the defendant may still have the right to prove his innocence. One of the differences between the criminal and civil law is that the plaintiff in the civil law has the sole responsibility to pay for his lawyer but for the criminal cases, lawyers are offered free. Criminal Law The criminal law is a crime committed against the government, society and state which is contrary to civil law that only involves private parties. Once you are guilty committing any crime defined under the criminal law such as felonies, you are subjected to punishment that involves jail, government fines and worse, death penalty. Murder is considered to be a criminal law despite committing a crime against a person because this is against the state and federal law. This type of case will always undergo jury trials where defendants are being prosecuted and during these times, they need to hire their own lawyer or ask from the government to provide one for them. The proof of burden is more complex in criminal law and the first one to provide such evidences are the state prosecutors but until proven guilty, all people are considered innocent. Proving a person guilty should be beyond a reasonable doubt and it should be 100% proven.