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  • It wouldn't make sense for a defendant in a contract dispute

  • to have the same kind of trial as, say, Jason.

  • That's why the courts in this country

  • split cases into two categories--

  • civil and criminal.

  • A civil case is when one person, the plaintiff,

  • brings legal action against another person who

  • has allegedly wronged them-- the defendant-- with the intent

  • of collecting damages.

  • Damages equals money.

  • A criminal case is where a government prosecutes someone

  • to prove them guilty of committing a crime,

  • like a car thief.

  • The victim of this crime is often

  • a witness in the government's case against the accused,

  • as well as any eyewitnesses.

  • In a civil case, the court can judge

  • that a defendant owes the plaintiff

  • money, or other property, or must perform

  • a service that was promised.

  • Mostly, though, it's money.

  • Reimbursement, compensation, or punitive damages.

  • However, a judge in a civil case cannot send a defendant

  • to jail, barring a few exceptions,

  • usually regarding the intentional violation of court

  • orders.

  • In a criminal case, either the prosecutor or a grand jury

  • initiates the proceedings.

  • Punishment for guilty defendants can

  • range from fines, community service,

  • or educational classes, to much more serious consequences,

  • such as jail time.

  • And anyone, including the defendant,

  • can be called as a witness in a civil case,

  • whereas in a criminal case, they cannot be forced to.

  • Also, criminal cases generally have a higher burden

  • of proof than civil cases.

  • This is mainly because a person's freedom is at stake.

  • Prosecutors have to work that much harder to show guilt.

  • They must prove that the defendant

  • is guilty beyond a reasonable doubt.

  • A plaintiff in a civil case, however,

  • only needs to prove that they should

  • win by a preponderance of the evidence.

  • Preponderance just means the greater amount, or weight,

  • of the evidence when taking into account

  • the believability of that evidence.

  • For more details on the differences between types

  • of cases, or anything having to do with court in any way,

  • Legal You is your go-to resource.

It wouldn't make sense for a defendant in a contract dispute


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B1 中級

民事事件と刑事事件の違いは? (What is the difference between civil cases and criminal cases?)

  • 204 16
    Amy.Lin に公開 2021 年 01 月 14 日