Civil Law vs Criminal Law – Difference and Comparison

What is Civil Law?

Civil law is a branch of public law that deals with the interaction between individuals and the state. They deal with the regulation of both public and private rights and obligations.

They are classified into two subcategories like public and private civil law. Public civil law is concerned with disagreements between the state and individuals. Similarly, private civil law deals with individual conflicts.

The main goal is to protect people’s rights. It also handles disputes in a timely and equitable manner.

What is Criminal Law?

Criminal law is the branch of law that deals with crime and criminal punishment.

They are classified into two types, such as substantive criminal law and procedural criminal law. Substantive criminal law specifies crimes and their consequences. Similarly, procedural criminal law establishes how the criminal justice system should function.

The criminal justice system also tries to prevent crime from happening in the first place. The system uses laws and law enforcement to discourage people from breaking the law.

The main goals are to protect the public, punish the guilty, and rehabilitate the offender.

Difference Between Civil Law and Criminal Law

There are two categories of law in the United States. Civil law deals with disputes between individuals. Criminal law deals with acts against the public.

Both systems have distinct procedures and objectives. The main difference between civil and criminal law is that civil law deals with compensation for damage. Similarly, criminal law deals with punishment for the culprit.

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Comparison Between Civil Law and Criminal Law

Parameter of ComparisonCivil LawCriminal Law
DefinitionCivil law is a branch of law that deals with the interactions of individuals and organizations.Criminal law is the branch of law dealing with the punishment of criminals.
Burden of proofIn any legal case, the burden of proof is on the person who is making the claim. This means that they must provide evidence to support their claim.The prosecution bears the burden of proof in any criminal matter
Types of lawCivil law is divided into two main categories like public and private law.Criminal law is divided into two main categories like substantive criminal law and procedural criminal law.
Cases filed byA civil law case can be filed in either state or federal court, and the party filing the case is known as the plaintiff.A criminal case is one in which the state prosecutes a person for a crime. The person accused of the crime is called the defendant. The government’s case against the defendant is called the prosecution.  
AppealWhen a party feels that the decision in their civil case was not fair, they may file an appeal. An appeal is a request to have the decision reviewed by a higher court.A defendant may choose to have a trial by jury. If the defendant is found guilty, they have the right to appeal the verdict.

References

  1. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/amcomp15&section=34
  2. https://www.trcc.commnet.edu/wp-content/uploads/2018/04/cjs211_williams_spr2015.pdf