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

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