“Going to court” can mean many things and be caused by a variety of reasons. Civil lawsuits generally arise from disputes between two private parties, while criminal cases involve the state bringing legal action against an individual. It is important to understand the differences between the two forms of litigation, as well as learning the nuances within each one.
What is Civil Litigation?
Civil litigation is a legal process aimed at resolving disputes between two parties. Unlike criminal actions, civil cases do not penalties such as imprisonment or other losses of liberty. Instead, the party bringing the action, referred to as the plaintiff, is likely seeking compensation (money damages) or some other remedy from the other party, referred to as the defendant.
It is not only an individual who may be suing another in civil litigation. While that is a common form of civil lawsuits, individuals can also bring legal action against a business or government entity. Likewise, businesses can also sue other businesses in civil court. A group of individuals can also sue a business in what is referred to as a class action lawsuit, where all individuals have the same cause of action against the same defendant.
Though civil lawsuits can make it to court and be ruled on by a judge, many times they are settled through negotiations and settlement agreements; monetary damages may be negotiated between the parties or through a mediator in order to avoid the lengthy court process.
When a civil dispute does make it to trial, the standard of proof is less than in criminal litigation. In order to prevail, a party must present more convincing evidence than the other party does. This is known as a “preponderance of the evidence.” Consulting with a litigation attorney is an important step in building your case to a successful outcome.
What is Criminal Litigation?
Unlike civil lawsuits that involve one private party suing another over a dispute between them, criminal cases are brought on behalf of the government against individuals for committing crimes. Penalties for those found guilty in criminal court can include, among other things, monetary fines and time in jail or prison. The more serious the crime (e.g., assault, robbery, sexual assault, murder), the more severe the penalty may be.
The burden of proof in criminal trials is higher than that in civil litigation. The government must prove that the defendant is guilty “beyond a reasonable doubt.” In trials in front of a jury, the prosecutor must convince every jury member that there is no other reasonable explanation that can come from the evidence presented at trial. Only when this high standard of proof is met can the defendant be convicted of the charged crime and face criminal penalties.
Do Civil & Criminal Law Intersect?
While civil and criminal law involve two separate legal processes, they may intersect. The government may file both criminal and civil charges, in separate courts, related to the same event. This has be seen in cases involving federal securities law and personal injury, both of which may trigger both civil and criminal laws.
Civil penalties may even turn into criminal charges in some cases. Violating a civil court order, also called “contempt of court,” can result in criminal charges; civil litigation that at one point results in only monetary damages can lead to more serious consequences if not abided by.
It is particularly important for civil defendants to understand the full range of consequences for failing to fulfill obligations after trial. For further guidance, reach out to a member of our team for next steps.
Contributions to this blog by Michael Touma.
