{"id":368952,"date":"2016-04-04T10:47:05","date_gmt":"2016-04-04T15:47:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/civil-cases-vs-criminal-cases-key-differences.html"},"modified":"2024-12-04T13:50:00","modified_gmt":"2024-12-04T18:50:00","slug":"civil-cases-vs-criminal-cases-key-differences","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/civil-cases-vs-criminal-cases-key-differences.html","title":{"rendered":"Civil Cases vs. Criminal Cases: Key Differences"},"content":{"rendered":"\n
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Civil Cases vs. Criminal Cases: Key Differences<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Civil cases involve private disputes between at least two private parties, while criminal cases involve an action considered harmful to society as a whole (criminal offense). The defendant commits these offenses against the "state" or "the people."<\/p>\n

In civil cases, the parties typically turn to civil court to resolve their disputes, and they must hire a private attorney to prosecute their case. In criminal cases, district attorneys prosecute defendants on behalf of the state.<\/p>\n

Finally, one may lose their freedom if they are convicted in a criminal case but not in a civil case.<\/p>\n

This FindLaw article explores some key differences between civil cases and criminal cases.<\/p>\n

Civil Cases<\/b><\/h2>\n

A civil case begins<\/b><\/a> when an individual or entity (such as a corporation), the plaintiff, files a legal action against another individual or entity, the defendant. The plaintiff and the defendant are also called "parties" or "litigants." The plaintiff usually claims the defendant has breached a civil duty or been negligent in some way. Contracts and negligence cases are examples of torts<\/b>.<\/b><\/i><\/a><\/p>\n

State and federal courts can hear civil suits. An example of a civil case<\/b><\/a> in a state court would be if one party sued another for breach of contract. In breach of contract, one party fails to follow the terms that the parties previously agreed to.<\/p>\n

For example, a lumberyard contracts to sell wood to a carpenter for a set price. On the delivery date, the lumberyard fails to deliver the wood. The carpenter needed the wood that day, so they had to buy it elsewhere at a higher price. The lumberyard has breached the contract, and the carpenter can sue for damages,<\/b><\/a> the costs of buying the wood, and any delay in the project.<\/p>\n

Parties, including the federal government, can bring civil suits to federal courts. Federal courts hear violations of federal statutes and constitutional rights<\/b><\/a>. They also hear "diversity" cases<\/b><\/a> where parties are from different states.<\/p>\n

Constitutional Rights<\/h3>\n

In a civil trial, constitutional rights to due process don’t apply in the same way as in criminal court. Defendants don’t have the same right to a speedy trial. There is no bail or bond in a civil lawsuit. The burden of proof is on the plaintiff, but in most cases, the burden is only a preponderance of the evidence<\/b><\/a>. This usually means "more likely than not."<\/p>\n

Criminal Cases<\/b><\/h2>\n

Criminal cases fall into several categories:<\/p>\n