Criminal vs Civil Law – Key Differences

This set of flashcards covers the core differences between criminal and civil law: who brings the case, potential penalties, burden of proof, remedies, and party roles.

In criminal law, who is the actor bringing the case and against whom is it brought?

The government (state or federal) acting on behalf of society against an individual accused of breaching a criminal statute.

In criminal cases, penalties can include __ and imprisonment, potentially for life or even the death penalty where applicable.

fines; loss of liberty through imprisonment (which can be life in some cases); and, in some jurisdictions, the death penalty.

What standard of proof must the government meet in a criminal case?

Beyond a reasonable doubt (a high level of certainty, far above 50%).

Civil law involves lawsuits between two parties; a civil suit seeks or .

monetary damages; specific performance.

What is the standard of proof in civil cases?

Preponderance of the evidence — more likely than not (about 51%).

In a civil suit, who are the plaintiff and the defendant?

The plaintiff is the party bringing the claim; the defendant is the party defending.

Can the government be a party in a civil suit, and are there criminal penalties in such cases?

Yes, the government can be a party in a civil suit, but civil cases do not impose criminal penalties (no imprisonment).

What does 'Beyond a reasonable doubt' mean in practical terms?

It is the standard of proof in criminal cases requiring near-certainty of guilt before conviction.

What is 'specific performance' in civil law?

A remedy where the court orders a party to perform or refrain from an action, rather than awarding money.