Saturday, August 7, 2010

How are civil cases different from criminal cases???

Criminal cases are crimes against society and are prosecuted by the state. The defendant must be found guilty beyond a reasonable doubt in criminal cases. Civil cases could be anything from Divorce to Personal Injury matters. Civil cases are decided by the preponderance of evidence. It must be more likely than not... Not all civil cases can have a jury. There are 2 main categories in civil trials. Cases of law and cases of equity. Cases of equity are things like child custody trials, injuctions, and specific performance, and they are never decided by a jury.How are civil cases different from criminal cases???
Dave,you're partly right but wrong as well as the court system concerning double jeopardy,as i have just looked it up on the internet.It reads 5th amend;No person shall be held to answer for a capitol,or otherwise infamous crime,unless on a presentment or indictment of a Grand JURY,except in cases arising in the land or naval forces,or in the militia, when in actual service in time of war or public danger,nor shall any person be subject for the same offense to be twice put in double jeopardy of life or limb,nor shall he be compelled in any criminal case to be a witness

against himself,etc then also read EX POST FACTO (Med Lat,from what is done afterwards)4th Every law that alters the legal rules of evidence,and receives less or different testimony,than the law required at the time of the commision of the offense in order to to convict the offender Calder vs Bull (3 u.s.386[1798] opinion of justice Chase.This is where i believe the court is wrong with the civil suit against o.j no where in the constitution does it say that ,there should be no distinction

to give example of double jeopardy the way they defined it when i looked it up was when you steal a car and found not guilty you can not be tried again for stealing the car right? but then you go to a civil court where you can't be proven you stole the car but the preponderance of the evidence says you might of, so you have to pay them for the cost of the car is utterly ridiculous, same thing in the

think about it ?How are civil cases different from criminal cases???
In criminal cases, the state is the ';plaintiff,'; prosecuting the offender for a violation of criminal law.

Think of the OJ murder prosecution. That was criminal: State of California v. Orenthal James Simpson.

A civil case can be brought by any party who seeks legal redress against another for a civil wrong. Think of the wrongful death suit filed against Mr. Simpson by the Brown and Goldman families. That was civil, intended to compensate the families for the loss of their loved ones.

This also brings up an important point: ';Double jeopardy'; doesn't apply when a private party sues in civil court for a criminal violation. They're different wrongs. The criminal prosecution is in the name of society, while the civil suit is to redress specific losses incurred by one (or more) affected party.

No comments:

Post a Comment