This essay will review criminal and civil court litigation. I will explain the differences and similarities between the two methods of law. The parties involved in each of the criminal and court cases, as well as the burden of proof required for each type of court case, will be stated. The risks involved for the defendant, in criminal court and in civil court, will be discussed. To conclude, the author will state whether or not a defendant could stand trial in both the criminal court and civil court. An example of this situation will be presented.
Civil litigation deals with private disputes between parties. Criminal cases deal with acts that are offenses against society such as murder and robbery. In both criminal and civil court cases, the lawyers involved make money. Civil and criminal cases both can be resolved without the defendant having to go to jail (Henton, 2013). If the parties involved reach an agreement prior to trial, civil cases can be settled out of court. In addition, in criminal cases, a plea bargain could be reached before the trial starts.
In a civil lawsuit, the parties include the plaintiff, the defendant and, sometimes, third parties (otto-graph.com, 2013). The plaintiff is the party who has allegedly suffered a legal injustice at the hands of the defendant. The defendant is the person who infringed on the plaintiff's rights. The plaintiff in a civil lawsuit can be a corporation or an individual. A criminal lawsuit differs from a civil one. In a criminal case, the public brings the lawsuit through the authority of the states, or, if a federal case, through the authority of the United States. A prosecutor-who files the criminal charges on behalf of the public-is provided by the government. .
Burden of proof is the duty of establishing the truth of the matter. In a criminal case, in order to convict the defendant of a crime, the prosecutor must persuade the jury of the defendant's guilt "beyond a reasonable doubt (90%)" "Reasonable doubt " is a fair doubt based upon reason and common sense (otto-graph.