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  5. PRL 103

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Summary Civil vs Criminal Law
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This document explains the difference between civil and criminal law in a clear graph-like format. This document is most applicable to the course, Intro to Law.

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  • October 25, 2024
  • 1
  • 2023/2024
  • Summary

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Civil Law Criminal Law
-regulates private rights of individuals -regulates individuals conduct to protect public
-includes all non-criminal law -state officials prosecute criminals
-take place between plaintiffs and private -includes misdemeanors and felonies
organizations/individuals -requires “beyond reasonable doubt”
-uses “preponderance of evidence”; “greater than -government has the burden of proof
51 percent of the plaintiff’s claim is true” -guilty defendants may be incarcerated, fined, or
-includes compensation for injuries such as receive the death penalty
damages -government files the case
-private parties file the case -defendants are found guilty or not guilty
-defendants are found liable or not liable


Why is the burden of proof higher in criminal cases than in civil cases? Do you agree the burden of
proof should be higher? Why or why not?

The burden of proof is higher in criminal cases because criminal consequences are more severe and
result in a loss of liberty and sometimes life. Individuals are accused of a crime require proof beyond
reasonable doubt, which makes it more challenging to accidentally punish individuals who are innocent.

I agree that criminal cases should require a greater burden of proof because more is at stake. Of course,
guilty individuals should receive punishments, but innocent individuals should be protected from
wrongful convictions.

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