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The major difference between a civil case and a criminal case is that even in situations where there is no immediate danger to the victim, criminal cases are typically defined as crimes against the state. As a result, the state brings criminal charges against them in a criminal court. On the contrary, disagreements over the duties and responsibilities that parties have to one another under the law are usually at the centre of civil cases. Personal injury claims and family law disputes are typically classified as civil matters. Civil claims that are tried in civil court are used to handle these cases.
Table of Contents
What is a Civil Case?
A person or group requests a judge in certain situations to resolve a civil dispute, including,
- A problem concerning an inheritance,
- A problem involving a contract, or
- A family problem, including divorce or custody of children
Additionally, one may request compensation from a judge for losses incurred as a result of another person’s negligence. A case of this kind is referred to as one of “civil responsibility.” For instance, if a homeowner sues a plumber for doing subpar repairs that resulted in a kitchen flood, the judge may order the plumber to reimburse the homeowner for the cost of the water damage.
Numerous laws apply to civil cases and cover a wide range of concepts. Only “civil responsibility” cases are covered by the information in the table mentioned above.
Example
A person hurt in a car accident files a lawsuit against the other driver. After suffering a leg injury and becoming unable to work, an employee filed a lawsuit against his company.
What is a Criminal Case?
Every time one of these instances ends up in court, it’s because someone has been accused of a crime. To determine whether an accused person is guilty or innocent, the judge and, occasionally, a jury must review the evidence that was presented during the trial.
The Criminal Code of Canada describes the majority of offences and their associated penalties. Certain crimes involve other people, like
- Assault,
- Murder,
- Sexual assault, and
- Identity theft
Other crimes include products; examples include drug possession and counterfeiting money.
Example
Rape Case of Mathura (1972)
India’s rape laws saw major modifications as a result of the historic Mathura rape case of 1972, which provoked intense public outcry.
Difference between Civil and Criminal
There are various methods to tell the difference between a criminal case and a civil case, despite certain similarities between the two types of cases. We have mentioned the differences below on the basis:
Main Difference:
| Civil Case | Criminal Case |
| In a civil case. X sues Y for causing damage to X or something belonging to X. How can one cause damage? For example, by breaking a contract, by breaking an object belonging to someone, or by hurting someone. | In this situation, a person is accused of a crime of murder, assault, or identity theft. Even if there is no immediate victim, it can be a criminal case (e.g., the crime of drug possession). |
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How Does the Case Start?
| Civil Case | Criminal Case |
| The government files the case against the person accused of the crime. The government is also known as the “prosecution”. Victim doesn’t file the case. Making sure people respect the law and discouraging criminal behaviour is the main goal of the government. | The government files the case against the person accused of the crime. The government is also known as the “prosecution”. The victim doesn’t file the case. Making sure people respect the law and discouraging criminal behaviour is the main goal of the government. |
Role of the Person Who Suffered Damage or of the Victim
| Civil Case | Criminal Case |
| The complainant needs to demonstrate that the the defendant is liable for the harm they experienced. To be more precise, the complainant needs to demonstrate that the defendant was at fault and that the harm was the result of that crime. | The victim is usually a key witness in the case, as the accusation is taken by the government. |
Deadline For Taking a Case
| Civil Case | Criminal Case |
| The prosecutor determines whether there is sufficient evidence to charge someone with a crime after it occurs. In most cases, there is no time limit on filing a criminal complaint against an individual. On the other hand, a criminal offence that is “punishable by summary conviction” has a one-year window of limitations for filing a lawsuit. If a crime is punished in this way, it is stated in the Criminal Code. | The prosecutor determines whether there is sufficient evidence to charge someone with a crime after it occurs. In most cases, there is no time limit on filing a criminal complaint against an individual. On the other hand, a criminal offence that is “punishable by summary conviction” has a one-year window of limitations for filing a lawsuit. If a crime is punished in this way, it is stated in the Criminal Code. |
Evidence
| Civil Case | Criminal Case |
| The party bringing the claim needs to persuade the judge that his version of events is more likely to occur than the party being sued’s version. Stated differently, it is not required to convince the judge “beyond a reasonable doubt.” | To prove the accused’s guilt “beyond a reasonable doubt,” the prosecution must persuade the judge or jury. The accused must be found not guilty if the prosecution does not provide sufficient evidence or if the accused creates a reasonable doubt. |
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Can the Same Conduct Result in Civil and Criminal Liability?
Many people frequently overlook the fact that the same behaviour can result in both criminal and civil responsibility, even though criminal and civil matters are handled very differently. The O.J. Simpson trial is arguably one of the most well-known instances of this. The same behaviour resulted in a civil trial for wrongful death and a criminal trial for murder.
In the criminal murder case, there was insufficient evidence for a jury to find O.J. Simpson guilty beyond a reasonable doubt, in part due to the differing standards of proof. Nonetheless, the jury in the civil trial discovered sufficient evidence to determine, by a preponderance of the evidence, that O.J. Simpson killed his wife in negligence.
FAQs
Civil law is used to make decisions in divorce, rent, and property sale situations.
Contract disputes, personal injury claims, and property disputes, however, are among the most frequent civil lawsuit types seen in court these days. Knowing why these types of lawsuits are so common will help you be ready if you ever find yourself involved in one!
Serious crimes including murder, rape, arson, robbery, assault, etc. are covered under criminal law. In a criminal case, the government submits the petition.
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