In this post, law student volunteer Tracy Chen explains the different between criminal and civil law cases.
Criminal Law
Criminal Law
| http://martin-karcazes.com/wp-content/uploads/2013/04/Law-books.jpg |
In a criminal trial, the prosecution must prove the accused is guilty of the charge beyond a reasonable doubt. In addition, if any evidence was obtained in violation of the accused’s Canadian Charter of Rights and Freedoms rights, the judge may decide not to admit such evidence. For example, in the recent Tori Stafford trial, the judge declared that police had violated the accused, Michael Rafferty’s section 8 Charter right against unreasonable search and seizure. The judge threw out the evidence the police obtained from his hard drive, Blackberry and laptop. If an accused is found not guilty, he or she is acquitted and released.
If the
accused is found guilty of a crime, the judge must consider an appropriate
sentence, which can include a fine, community service or imprisonment, among others.
Civil Law
The
purpose of civil law is to address disagreements between individuals, for
example, disagreements arising in business contracts or negligence claims. A civil
lawsuit refers to a private case where an individual, known as the plaintiff is
suing another, known as the defendant.
The plaintiff must prove the defendant’s liability to the judge or jury on a balance of probabilities, which means more than 50 per cent (more likely than not). The burden of proof to show that the defendant is liable is lower in civil cases compared to the burden of proof for guilt in criminal cases because there is more on the line in criminal suits where the accused's freedom and liberty is at stake.
Remedies in civil law suits can be money damages, declaratory (the court can rule on rights or duties of one of the parties), or injunctions (the court can order parties to do or not do something). Money remedies are the most frequent.
The plaintiff must prove the defendant’s liability to the judge or jury on a balance of probabilities, which means more than 50 per cent (more likely than not). The burden of proof to show that the defendant is liable is lower in civil cases compared to the burden of proof for guilt in criminal cases because there is more on the line in criminal suits where the accused's freedom and liberty is at stake.
Remedies in civil law suits can be money damages, declaratory (the court can rule on rights or duties of one of the parties), or injunctions (the court can order parties to do or not do something). Money remedies are the most frequent.
A
person may undergo a criminal and civil trial for the same conduct. One of the
most famous American cases is former football player OJ Simpson, who was
charged with the murders of his ex-wife and her friend, was found innocent in
his criminal trial, but was found liable in their wrongful deaths in a civil
lawsuit.
To read more about the Tori Stafford case:
http://www.thestar.com/news/gta/crime/article/1176503--tori-stafford-trial-how-michael-rafferty-s-charter-rights-were-violated
To read more about the OJ Simpson case: http://www.trutv.com/library/crime/notorious_murders/famous/simpson/dead_16.html
http://www.thestar.com/news/gta/crime/article/1176503--tori-stafford-trial-how-michael-rafferty-s-charter-rights-were-violated
To read more about the OJ Simpson case: http://www.trutv.com/library/crime/notorious_murders/famous/simpson/dead_16.html
Sources:
This blogpost is written by Tracy Chen, a law student at Osgoode Hall Law School. All info was reviewed by a JFCY staff lawyer.
Hi this is globerlaw
ReplyDeleteHi this Blog is very nice, thanks for Sharing with us here:-Civil Trial Lawyer ,Civil Trial Lawyer,Jacksonville trial lawyer,Jacksonville attorney.