'Difference Between Criminal and Civil Cases\r'

'Difference Between Criminal and cultured Cases PA101: The Paralegal Professional Unit 8 Dianna Marsh 11/13/2012 In todays society on that point be rules and regulations in place that determine how citizens are to behave. When these rules are non upheld, a need to nail toss off or punish the offending parties exist. Whether the abuse is shepherds crook or courtly, the case is colonized in a court of law. Although there are similarities between polished and twist cases, there are many differences in the way these cases are handled. Both criminal and complaisant cases starts with filing a complaint.The parties that filing cabinet the complaint is called the plaintiff. In a civil case the plaintiff can be an individual, corporation or government agency. In a criminal case the plaintiff is always the offer or national government. One of the key differences between civil and criminal cases is the burden of substantiation. In a civil case the burden of proof depends on a preponderance of order. In legal terms, a preponderance of depict means that a party has shown that its meter reading of facts, causes, damages, or fault is more in all probability than not the correct version, as in personal injury and breach of look at suits.This standard is the easiest to meet and applies to all civil cases unless otherwise provided by law. (Preponderance of the Evidence, 2010) In a criminal case the center of check is the right of the plaintiff. The plaintiff must invoke guilt beyond reasonable doubt. For example, in the case of the State v O. J. Simpson. The state of California was unable to prove guilt beyond reasonable doubt, that is why OJ was found not vicious of the murders he was charge of. He was, however found discredited of wrongful death in a civil suit filed against him with the same evidence.It is the juries responsibility to review the evidence and reach a verdict in the case. In a criminal case, the jury must collapse a unanim ous vote for conviction. This is firm by whether or not the evidence and testimony presented proves guilt beyond reasonable doubt. If unable to do this, a not guilty verdict is reached and the defendant is released. In a civil case whole 51% or 9 of 12 jurors votes need to be obtained for a guilty verdict. Once the verdict is reached a declare or penalty is handed down by the judge. there are differences in this too.In a criminal case the penalty can be as atomic as a fine or as large as great punishment, nevertheless most normally receives imprisonment. In a civil case punishment is usually monetary. You cannot be sent to prison. There are many other difference, but these are only a few. These systems are in place because they deal with the civil rights of an individual, and the protection of those rights. References: Cheeseman, H. ; Goldman,T. (2010). The paralegal professional (3rd ed. ). speeding Saddle River, NJ: Pearson/Prentice Hall. www. courts. uslegal. com, Burden of Proof, Preponderance of the Evidence, 2010\r\n'