What Is The Difference Between Civil Law And Criminal Law ?

What is the difference between Civil Law and Criminal Law? Criminal Law is an action brought by the government against an individual citizen for acts committed against the public or society at large. Criminal actions are handled by the criminal court system and are usually identified with the government as one party and the individual citizen as the other party. The subject matter of the case is relating to the alleged wrong doing committed by the accused.

Civil Law is a dispute between two private citizens of the United States and the government is usually not a party to the case. In a civil case, an individual brings an action in civil court against another. The individual bringing the action is called the plaintiff, and this individual is making a claim of injury by another individual or corporation. The civil court will make a determination that will result in financial debt or preventive relief, such as an injunction. No jail time is assigned in these proceedings.

The burden of proof is significantly higher in a criminal case than a civil case because an individual citizen may have their rights taken away by the government. Therefore, the evidence must prove guilt beyond a reasonable doubt before the government can win their case. In a majority of criminal cases, a trial by jury is used to create a fair outcome by allowing an individual citizen to present their arguments to their peers. In civil cases, a jury may be used but is not required, and the evidence needed for the plaintiff to meet the burden of proof and win their case is less difficult.

What is the difference between Misdemeanor and Felony ?

Each state in the United States independently defines how an individual will be treated if they violate a state law. Depending on the severity of the action conducted by the individual, the state will treat the level of crime differently. In a majority of states, the level of law violated will result in either a Misdemeanor or a Felony. Each rule infraction is handled separately depending on the levels the state assigns to the specific violation.

 

In general, a Felony is a more serious violation of the state law than a Misdemeanor. In many states, a Felony will involve a longer prison or incarceration sentence for violating that state rule. Both a Felony and a Misdemeanor can involve jail time for violating the state rule.

 

If an individual violates a state law and only receives a fine without any required jail time, it may be an infraction of the law and not a Misdemeanor.

 

What is the difference between Assault and Battery ?

In most cases, the act of Assault by an individual (the defendant in civil actions) is what causes the victim (the plaintiff in civil actions) to feel apprehension of imminent physical harm. This apprehension does not have to be the result of physical contact but the threat of contact from the menace/defendant. In some cases, the victim/plaintiff may flinch or move away before any physical contact has occurred, however, an Assault has still taken place.

 

The act of Battery is when a victim (the plaintiff in civil cases) receives unwarranted, harmful physical contact or unsolicited, offensive physical advances from an individual (the defendant in civil cases). Even if the victim/plaintiff wasn’t the intended target and the assailant/defendant unintentionally hurts them, the assailant/defendant still committed Battery.

 

What is the difference between OWI and DUI ?

These are both anacronyms for drunk driving charges depicting individuals who choose to be in control of a vehicle while mentally impaired due to the consumption of alcohol, drugs, or a combination of substances in their body. Each state has specific regulations in the state code that define the penalties for being in control of a vehicle while electively mentally impaired. Each state code will determine the level of impairment by a blood, urine, or observation test and will also determine the fine and amount of jail time.

OWI stands for “Operating While Intoxicated.”

DUI stands for “Driving Under the Influence.”

The difference between the two is that some states regulate if you are actually driving a vehicle (DUI) as opposed to just having the option to drive the vehicle because of your position to the vehicle (OWI).

Please contact a Lawyer for more information.

What Is Unreasonable Search and Seizure ?

The 4^th Amendment protects an individual from the government conducting unreasonable searches of their person, personal property or home without a Warrant for the search. The specific language of the 4^th Amendment is as follows:

‘The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.’

All states have to follow this amendment from the US Constitution because the 14^th Amendment passes the protection from federal government actors to state government actors. This amendment is most commonly used to defend an individual from an unqualified search by the police or government.

Please contact a Lawyer for more information.

 

What Is Self Incrimination or I Want To Speak To My Lawyer ?

There are multiple applications of the 5^th Amendment but the most common form of the 5^th Amendment used by many citizens in the United States is to prevent the government from using statements made by an individual against themselves when they are on trial. The 5^th Amendment states:

‘No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.’

The most common way this right is identified is the Miranda warning. The warning is a notice given by the government that anything the individual citizen says may have potentially damaging consequences to them in a future trial. The Miranda warning states the following:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

 

The most common response from the accused is, “I want to talk to my Lawyer.”

Please contact a Lawyer for more information.