Facts About the American Legal System

The American legal system is primarily a common law system, which means that judicial decisions setting precedent are a primary source of law. However, the United States federal government and some states have adopted civil law systems in some respects. In a civil law system, courts base their decisions on codes and statutes rather than judicial precedents. There are two main types of courts in the American legal system: civil courts and criminal courts. Civil courts deal with disputes between individuals or businesses, while criminal courts deal with cases brought by the government against individuals or businesses accused of breaking the law.

While both civil and criminal courts follow similar procedures, there are some key differences between the two. For instance, in a criminal court, the burden of proof is on the prosecution to prove beyond a reasonable doubt that the defendant committed the crime. In a civil court, the burden of proof is on the plaintiff to prove by a preponderance of the evidence that the defendant is liable. Another key difference is that criminal courts can impose punishments such as jail time or fines, while civil courts can only issue orders such as requiring the payment of damages.

Criminal Law

Criminal law in the United States is defined by federal, state, and local statutes. Federal criminal law deals with crimes that are in violation of federal law. State criminal law deals with crimes that are in violation of state laws. Crimes are divided into two categories: misdemeanors and felonies. Misdemeanors are less serious crimes that are punishable by up to one year in jail. Felonies are more serious crimes that are punishable by more than one year in prison.

Civil Law

Civil law is the branch of law that deals with disputes between individuals and/or organizations, typically over issues like property ownership, contracts and personal injury. It is different from criminal law, which deals with offenses committed in violation of criminal statutes. In the United States, civil law is based on English common law and statutory law. This means that judges will often look to past court decisions (precedents) when ruling on a case as well as any applicable statutes. If there is no relevant precedent, they will use logic and reasoning (analogies) to come to a decision. Civil law is generally divided into two main categories: substantive law and procedural law. Substantive law deals with the rights and duties of parties involved in a dispute, while procedural law sets out the rules and procedures of the court that must be followed in order to have the dispute heard by a court.

Are you a Hoosier who is ready to learn your legal rights after being wrongly injured by a negligent party? C o ntact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury evaluation to explore your eligibility, today. We represent clients all throughout the state of Indiana and Indiana residents injured in other states.

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There are two primary categories of law within our country’s legal system, civil law and criminal law. Within both categories, legal penalties can ensue for any guilty parties. To understand civil penalties and criminal penalties, it is best to first review what civil and criminal cases are defined as under law. Continue reading to learn about civil and criminal cases, their penalties, and their differences.

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Civil and Criminal Cases

Civil cases are cases in which a person, company, organization, or corporation files a legal complaint against another entity; that entity being any of the above mentioned as well. Civil cases generally deal with legal disputes between private parties, or negligent acts that resulted in injury or damages. The party filing the complaint in a civil court is called the plaintiff, while the party responding to the complaint is the defendant. This process is called litigation. In civil litigation, the plaintiffs ask the courts to “right” a wrong-doing by the defendant. This usually means paying some form of remuneration or compensation to the plaintiff party, or some other form of civil penalty.

Criminal cases deal with actual crimes committed by a defendant, rather than “civil wrong-doings.” These cases are filed by the government, often times the State, and are represented by a state prosecutor. Regular citizens cannot file a criminal lawsuit against a defendant; they instead, can only report the crime and leave the rest up to the ruling branch of government. A defendant will be found guilty or not guilty by the state, with a guilty ruling resulting in criminal penalties.

Civil and Criminal Penalties

Crimes are acts that prohibited and punishable by the government, and fall into two main categories depending on their seriousness: felonies and misdemeanors. Felonies are the more serious types of crimes, rendering jail time of one year or more, and misdemeanors are less serious crimes, rendering sentences less than a year. Examples of criminal cases include murder, assault, battery, armed robbery, theft, arson, embezzlement, and similar crimes against society that affect public safety.

Criminal penalties are those that penalize defendants for committing such crimes. Criminal penalties mostly include capital punishment (death penalty), jail time, incarceration, probation, legal fees, revocation of certain licenses, loss of certain rights, loss of citizenship, retribution, rehabilitation, and more.

Civil “wrong-doings” are acts that cause another person or entity harm, damage, or trouble. Examples of civil cases include personal injury lawsuits, fraud, negligence, breach of contract, harassment, and other similar wrong-doings. In contrast to criminal penalties, civil penalties generally involve monetary payment, or a court order to do something or not do something (i.e. a corrective action or restraining order). Also in contrast to criminal penalties, civil penalties are handed down by a judge, or settled out of court by opposing insurance adjusters.

Consult a licensed personal injury attorney right away if you believe you or a loved one is a recent victim of a civil wrong-doing or negligent accident. You may be entitled to compensation for your damages. Damages include but are not limited to: lost wages, pain and suffering, medical expenses, hospital bills, prolonged rehabilitation, and much more.

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Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive experience practicing personal injury law. They are seasoned accident lawyers that can prevail for you and your family following a serious injury, accident, or loss. You may be owed compensation for such damages and more. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to speak with Indianapolis personal injury lawyers that truly care.

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Tag Archives: Civil and Criminal Cases

The Difference Between Civil Law and Criminal Law