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Can defendant accused of violating the criminal law also be sued in civil court?
Yes, a defendant accused of violating criminal law can also be sued in civil court for the same action. The outcomes of the criminal and civil cases can be independent of each other, and the defendant can face penalties in both cases if found liable.
What is the difference between a crimanal court and a civil court?
Criminal Courts hear criminal cases, civil courts hear civil cases. In criminal cases there are 2 sides: The Prosecution (The Queen in the UK or The State in the US) and the Defendant (the accused individual or group of people). In criminal courts the case is always brought by the Prosecution who are prosecuting the Defendant for allegedly partaking in an illegal activity. If the Prosecution win then the Defendant is convicted (found guilty). If the Defendant wins he is acquitted (found innocent). If the Defendant is found guilty he is said to have committed a criminal offence or broken the law and may be imprisoned for this. In civil cases the 2 sides consist of an Applicant (the party bringing the case to Court) and the Respondent (the person answering the case). In civil cases, instead of one party being prosecuted by the other as with criminal courts, one party is SUED by the other. Civil courts often hear cases relating to e.g. breach of contract (which encompasses a huge range of cases - defaults on rent/mortgage payments, failure to provide an agreed fee in return for a service or vice-versa and breach of a previously made Court order). If one party successfully sues the other then the other party is liable to compensate the suing party (either financially or by providing some other remedy to the situation. They are not, however, guilty of a criminal offence or liable to be imprisoned.
Is there a difference between guilty and liable?
Guilty and Liable both mean that you are responsible by law. However, you are "liable" in civil cases and determined "guilty" in criminal cases. There is also a difference between state (liable) and federal (guilty).
What is an example of a civil and criminal case?
Civil and Criminal cases are never litigated at the same time in the same court. However, the same transaction (or sequence of events) may lead to both civil and criminal proceedings. For example, O.J. Simpson was prosecuted and subsequently acquitted for the murders of Nicole Brown Simpson and Ronald Goldman in a criminal court. However, he was sued for wrongful death by the families of the victims, found liable, and ordered to pay damages in a later civil suit.
What legal procedures are used in criminal and civil cases?
In criminal cases, legal procedures typically include the arrest of the suspect, arraignment, pre-trial motions, trial, and sentencing if the defendant is found guilty. The prosecution must prove the defendant's guilt "beyond a reasonable doubt." In civil cases, procedures often involve the filing of a complaint, discovery process, pre-trial motions, and trial, with the burden of proof resting on the plaintiff to establish their case by a "preponderance of the evidence." Both types of cases may also involve appeals, mediation, or settlements.
Explain how O J Simpson was tried in both Civil and Criminal Courts found guilty in one not guilty in the other but no one posed the double jeopardy angle?
Criminal and Civil are different. A Criminal trial is on behalf of the People or State or such like against the accused. A Civil hearing is when one person or group or such like sues another or such like, usually for damages or rectification. Criminal take precedent over Civil and the burden of proof is higher in Criminal - 'Beyond a reasonable doubt' rather than 'On the balance of probabilities' in Civil. 'Double jeopardy' means you cannot be tried [Criminal trial] for the exact same crime twice - after a verdict has been reached the first time. In Civil once you have accepted the rectification, money or otherwise you cannot take the same action again against those you were successful against. O. J. was found not guilty in a criminal court but that did not debar a civil action for damages and in the Civil hearing he was not and could not be found guilty of the criminal charge of murder.
How does the burden of proof in a civil trial differ from that in a criminal trial?
Criminal case: Decided by "Proof of guilt beyond a REASONABLE doubt." Civil case: Decided by "A preponderance of the evidence." NOTE: in the criminal case the standard is NOT proof beyond ALL doubt, only beyond a REASONABLE doubt. In Civil cases the word "preponderance" means the "weight" of the evidence.
Can someone file criminal charges while in a civil lawsuit?
Yes. Not only can you file a lawsuit if you have a criminal case pending against you but even if you have been convicted of a crime and are in prison you still have the right to file a civil lawsuit. Your participation in the lawsuit will be restricted by all lawful restraints imposed on you by virtue of being in prison.
What does reinstate a case mean?
When cases are completed, they are closed. If a case is reinstated, that means that it is going to be opened again. This happens a lot with criminal cases when new evidence is found.
What is the difference between civil and criminal trials?
Both trials have a judge and/or a jury as triers of fact. In a criminal trial it is the government, known as a prosecutor, that is actually "suing" the defendant, but instead of for money, it's for that person's freedom for the prescribed time the government wants that person incarcerated. If the prosecutor wins this case the defendant is considered to have been found guilty of criminal charges brought before him. A civil case, on the other hand, is one in which an individual person or an entity is suing you for money. Civil cases are not punishable by any type of incarceration or fines. If the "prosecutor" in a civil trial wins the case, then the defendant is found to be liable in the amount that is awarded. In both types of trials, the persons or entities bringing the case to trial are known as the plaintiff, and the opponents are known as defendants.
Did OJ really do it?
He was found not guilty during a criminal trial for the offense but was found culpable for the offense during a later civil trial brought by the victim's parents.
How can a single act be tried in both a criminal court and a civil court?
(in the US) A perfect example would be the O.J. Simpson case. He was found not guilty of Homicide, but found guilty in civil court of causing "wrongful death."
