Compare and contrast criminal law and civil law.

Question

What will be an ideal response?

Answer 1

The ideal answer should include:
1. Civil law exists to protect rights and property and to hold individuals accountable for their actions. Civil lawsuits usually involve two private entities, at least one of which is attempting to recover damages or to correct a situation that the party perceives as unfair.
2. Criminal law focuses on regulating people's conduct and protecting society from the unlawful actions of individuals.
3. Criminal law is further distinguished from civil law by the fact that it is structured and codified. Criminal laws are contained in various "codes" that clearly define what conduct is criminal and that provide for specific penalties.
4. Civil cases can be initiated by an individual, group, or corporation. In contrast, criminal cases are initiated by a prosecutor, who is employed by the state.
5. Civil cases are decided on a preponderance of the evidence. If the plaintiff proves, in the minds of 10 of the 12 jurors, that the defendant is mostly at fault, the plaintiff wins. By contrast, the prosecutor in a criminal case must convince all of the jurors that the defendant is guilty beyond a reasonable doubt. This is the highest burden of proof required under the law; if even one juror does not vote "guilty," the defendant cannot be convicted.