Criminal laws and civil laws
The law in our country can be broadly classified into criminal and civil laws. In a criminal law vs civil law debate, it is likely that more points regarding their numerous differences will surface. In the case of civil law, it is a complex system of rules, which helps primarily in resolving disputes among individuals and organizations. However, in the case of criminal law, you have a set of rules, which help the court in determining the punishment a person is liable to, once he or she has committed a crime and of course one would need an expert criminal lawyer to make sure the case is handled in favor.
Defendants and plaintiffs
Anyone with even a basic knowledge regarding the judicial system might be aware of the terms defendants and plaintiffs. In civil cases, any person who has the right to bring a case at law can file a claim against the defendant. In criminal cases, prosecution will be brought against defendants who are suspected of crimes.
It needs to be noted that most of the prosecutions are brought in a court of law by the Crown Prosecution Service. Prosecutions can also be brought by private organizations, although these mostly involve complaints filed by shop owners against shoplifters.
Courts handling cases
Civil cases are usually tried in County Courts, and if the cases are of a complex nature that involves huge amount of money, then they are tried in a High Court.
Magistrate Courts handle the criminal cases and if the matter is of a very serious nature, then they are brought to the Crown Court.
Appeals to both types of cases are handled in the Court of Appeal and finally in the Supreme Court. Appeals are possible for both types of cases. The route a case takes will very much depend on the type of case tried in the court of law.
Standard of proof
Whatever the case, one of the parties involved in the case will have to prove the case, and it is termed as ‘burden of proof’. There are differences though, when it comes to the degree or standard to which they need to prove.
Criminal and civil laws explained
In civil cases, it is the duty of the claimant to prove the case and the standard of proof applicable here is the ‘balance of probabilities’. In the criminal cases, the burden of proof rests on the prosecution, and the ceiling set for the standard of proof is much higher.
These types of criminal law vs civil law discussions will definitely improve your knowledge. These are two broad classifications of law, and hence there is a need for understanding them.