Civil vs Criminal Law

Criminal:

• public wrongs

• prosecuted by the state

• must provide proof beyond a reasonable doubt

• right to legal counsel/ lawyer

• defendant has right to silence/ refusal to testify (5th amendment)

• penalties are based on the seriousness of their offense (depending on whether it’s a misdemeanor or felony)

• ___ v [State/ U.S.]

Civil:

• private matters

• private parties file a suit

• preponderance of evidence

• must hire own attorney

• defendant may be forced to testify

• penalties are either compensation or remedies, not jail time