Civil Vs Criminal Law
Civil Vs Criminal Law
Civil Vs Criminal Law
Criminal Law
Civil cases differ from criminal cases in a number of ways:
Parties Involved
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In a criminal case, the Crown or the government in the name of Regina is
charging the accused with a crime. The style of cause would read Regina
vs. Lee for example.
In a civil case, one party is suing the other parties. Either party could be
an individual, a company or the government. The party suing is called the
Plaintiff and the party being sued is called the Defendant. The style of
cause would read Nolette vs. Leung.
Pre-Trial
In serious criminal cases, a preliminary inquiry is held in Provincial Court
before the case is put over for trial. The Crown will present all its evidence
and the accused is entitled to cross-examine the Crown witnesses. The
accused does not have to present any evidence at this time.
In a civil case, the parties are examined before trial by the other side in a
process known as discovery. There may also be pre-trial mediation and
trial conferences in the hope of settling or making the trial more
streamlined.
Trials
In criminal cases, a trial may be by a judge alone or by a judge and jury. If
there is a jury there are 12 jurors who all must decide guilty or not guilty. If
they cannot decide it is called a hung jury and a new trial will take place.
The jury does not take part in the sentencing of the convicted offender.
In civil cases, a trial is usually by judge alone but the parties may request
a jury. The jury has 8 members and only 6 out of 8 have to decide that the
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defendant is liable. The civil jury also gives its recommendation on how
much money should be paid in the case if the plaintiff is successful.
Burden of Proof
In a criminal trial, the finding of guilt or innocence must be beyond a
reasonable doubt. The judge or jury must be sure that the accused is the
one who committed the crime.
In a civil trial, the burden of proof is on the balance of probabilities which
means that it is more probable that one side is correct. The judge or jury
listen to both sides then they weigh the evidence and make a decision.
Judgment
In a criminal trial, the judge is responsible for sentencing the convicted
offender and will follow guidelines for sentencing set out in the Criminal
Code of Canada. Although the judge can order a fine or restitution it is
more likely that the sentence is time spent on probation or in time spent in
jail.
In a civil trial, the judge taking into account the jurys recommendation is
responsible for setting the damages in a case. Civil cases are about the
amount of money paid by one party to the other.
Records
In a criminal case, the convicted offender has a criminal record.
In a civil case, there is no criminal record. In some cases the settlement
could affect the future business and personal interests of the party who is
found liable.
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Civil Counterparts
Conversion
Battery
Breach of contract
Personal injury
Personal injury
Damages
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