{"id":1405,"date":"2017-01-09T19:42:38","date_gmt":"2017-01-09T19:42:38","guid":{"rendered":"https:\/\/courses.lumenlearning.com\/montgomerycollege-masterybusinesslaw2\/?post_type=chapter&p=1405"},"modified":"2017-01-09T19:42:38","modified_gmt":"2017-01-09T19:42:38","slug":"criminal-versus-civil-law","status":"publish","type":"chapter","link":"https:\/\/courses.lumenlearning.com\/montgomerycollege-masterybusinesslaw2\/chapter\/criminal-versus-civil-law\/","title":{"raw":"Criminal versus Civil Law","rendered":"Criminal versus Civil Law"},"content":{"raw":"
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Learning Objectives<\/h3>\n
  1. Distinguish between criminal law<\/em> and civil law<\/em>, and understand the roles of plaintiffs<\/em> and defendants<\/em> in both criminal and civil cases.<\/li>\n\t
  2. Understand that both civil and criminal law can impact businesses.<\/li>\n<\/ol><\/div>\n<\/div>\n
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    Criminal Law<\/h2>\nIt\u2019s a crime<\/em> to make unauthorized and harmful physical contact with another person (battery<\/em>). In fact, it\u2019s a crime even to threaten<\/em> such contact (assault<\/em>). Criminal law<\/span><\/span> prohibits and punishes wrongful conduct, such as assault and battery, murder, robbery, extortion, and fraud. In criminal cases, the prosecutor<\/span><\/span>\u2014the party filing the complaint\u2014is usually a government body acting as a representative of society. The defendant<\/span><\/span>\u2014the party charged in the complaint\u2014may be an individual (such as your roommate) or an organization (such as a business). Criminal punishment includes fines, imprisonment, or both.\n\n<\/div>\n
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    Civil Law<\/h2>\nAssault and battery may also be a matter of civil law<\/span><\/span>\u2014law governing disputes between private parties (again, individuals or organizations). In civil cases, the plaintiff<\/em> sues the defendant<\/em> to obtain compensation for some wrong that the defendant has allegedly done the plaintiff. Thus your roommate may be sued for monetary damages by the homeowner\u2019s neighbor, with whom he made unauthorized and harmful physical contact.\n
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    Tort Law<\/h2>\nComplaints of assault and battery fall under a specific type of civil law called tort law<\/em>. A tort<\/span><\/span> is a civil wrong\u2014an injury done to someone\u2019s person or property. The punishment in tort cases is the monetary compensation that the court orders the defendant to pay the plaintiff.\n
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    Intentional Torts<\/h2>\nIn categorizing the offense for which your roommate may be sued, we can get even more specific: assault and battery is usually an intentional tort<\/span><\/span>\u2014an intentional act that poses harm to the plaintiff. Note that intent<\/em> here refers to the act<\/em> (directing a blow at another person), not to the harm caused<\/em> (the broken nose suffered as a result of the blow).\n\nIntentional torts may also pose harm to a party\u2019s property or economic interests:\n
    • Intentional torts against property<\/em> may take three forms: (1) entering another person\u2019s land or placing an object on another person\u2019s land without the owner\u2019s permission; (2) interfering with another person\u2019s use or enjoyment of personal property; or (3) permanently removing property from the rightful owner\u2019s possession.<\/li>\n\t
    • Intentional torts against economic interests<\/em> are the most common torts when it comes to disputes in business. The three most important forms are (1) making a false statement of material fact about a business product; (2) enticing someone to breach a valid contract; and (3) going into business for the sole purpose of taking business from another concern (i.e., not for the purpose of making a profit).<\/li>\n<\/ul>\nOn a more personal note, you may want to avoid defamation\u2014<\/em>communicating to a third party information that\u2019s harmful to someone\u2019s reputation. If you put the information in some permanent form (e.g., write it or present it on TV or on the Internet), it\u2019s called libel<\/em>; if you deliver it orally, it\u2019s called slander<\/em>. You can also be held liable for intentional infliction of emotional distress<\/em> if you direct outrageous conduct at someone who\u2019s likely to suffer extreme emotional pain as a result.\n
      \n\nThe table\u00a0 below highlights some of the primary differences between civil and criminal law. It is important to note that a business can be a party to a civil or a criminal suit.<\/span>\n\n
      Civil Law<\/th>\nCriminal Law<\/th>\n<\/tr><\/thead>
      Parties<\/td>\nIndividual or corporate plaintiff vs. individual or corporate defendant<\/td>\nLocal, state, or federal prosecutor vs. individual or corporate defendant<\/td>\n<\/tr>
      Purpose<\/td>\nCompensation or deterrence<\/td>\nPunishment\/deterrence\/rehabilitation<\/td>\n<\/tr>
      Burden of proof<\/td>\nPreponderance of the evidence<\/td>\nBeyond a reasonable doubt<\/td>\n<\/tr>
      Trial by jury\/jury vote<\/td>\nYes (in most cases)\/specific number of votes for judgment in favor of plaintiff<\/td>\nYes\/unanimous vote for conviction of defendant<\/td>\n<\/tr>
      Sanctions\/penalties<\/td>\nMonetary damages\/equitable remedies (e.g., injunction, specific performance)<\/td>\nProbation\/fine\/imprisonment\/capital punishment<\/td>\n<\/tr><\/tbody><\/table>
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      Key Takeaways<\/h3>\n