{"id":397,"date":"2015-05-17T05:55:03","date_gmt":"2015-05-17T05:55:03","guid":{"rendered":"https:\/\/courses.candelalearning.com\/masterybusinesslaw1x6xmaster\/?post_type=chapter&p=397"},"modified":"2017-01-09T19:42:43","modified_gmt":"2017-01-09T19:42:43","slug":"civil-vs-criminal-cases","status":"publish","type":"chapter","link":"https:\/\/courses.lumenlearning.com\/montgomerycollege-masterybusinesslaw2\/chapter\/civil-vs-criminal-cases\/","title":{"raw":"Reading: Civil vs. Criminal Cases","rendered":"Reading: Civil vs. Criminal Cases"},"content":{"raw":"Most of the cases we will look at in this textbook are civil cases. Criminal cases are certainly of interest to business, especially as companies may break criminal laws. A criminal case involves a governmental decision\u2014whether state or federal\u2014to prosecute someone (named as a defendant) for violating society's laws. The law establishes a moral minimum and does so especially in the area of criminal laws; if you break a criminal law, you can lose your freedom (in jail) or your life (if you are convicted of a capital offense). In a civil action, you would not be sent to prison; in the worst case, you can lose property (usually money or other assets), such as when Ford Motor Company lost a personal injury case and the judge awarded $295 million to the plaintiffs or when Pennzoil won a $10.54 billion verdict against Texaco (see\u00a0Chapter 7 \"Introduction to Tort Law\"<\/a>).\r\n\r\nSome of the basic differences between\u00a0civil law<\/span> and criminal law<\/span> cases are illustrated in Table 1.1 \"Differences between Civil and Criminal Cases\"<\/a>.\r\n\r\nTable 1.1<\/span> Differences between Civil and Criminal Cases\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n
<\/th>\r\nCivil Cases<\/th>\r\nCriminal Cases<\/th>\r\n<\/tr>\r\n<\/thead>\r\n
Parties<\/em><\/td>\r\nPlaintiff brings case; defendant must answer or lose by default<\/td>\r\nProsecutor brings case; defendant may remain silent<\/td>\r\n<\/tr>\r\n
Proof<\/em><\/td>\r\nPreponderance of evidence<\/td>\r\nBeyond a reasonable doubt<\/td>\r\n<\/tr>\r\n
Reason<\/em><\/td>\r\nTo settle disputes peacefully, usually between private parties<\/td>\r\nTo maintain order in society<\/td>\r\n<\/tr>\r\n
<\/td>\r\n<\/td>\r\nTo punish the most blameworthy<\/td>\r\n<\/tr>\r\n
<\/td>\r\n<\/td>\r\nTo deter serious wrongdoing<\/td>\r\n<\/tr>\r\n
Remedies<\/em><\/td>\r\nMoney damages (legal remedy)<\/td>\r\nFines, jail, and forfeitures<\/td>\r\n<\/tr>\r\n
<\/td>\r\nInjunctions (equitable remedy)<\/td>\r\n<\/td>\r\n<\/tr>\r\n
<\/td>\r\nSpecific performance (equity)<\/td>\r\n<\/td>\r\n<\/tr>\r\n<\/tbody>\r\n<\/table>\r\nRegarding plaintiffs and prosecutors, you can often tell a civil case from a criminal case by looking at the caption of a case going to trial. If the government appears first in the caption of the case (e.g.,\u00a0U.S. v. Lieberman<\/em>, it is likely that the United States is prosecuting on behalf of the people. The same is true of cases prosecuted by state district attorneys (e.g., State v. Seidel<\/em>). But this is not a foolproof formula. Governments will also bring civil actions to collect debts from or settle disputes with individuals, corporations, or other governments. Thus U.S. v. Mayer<\/em> might be a collection action for unpaid taxes, or U.S. v. Canada<\/em> might be a boundary dispute in the International Court of Justice. Governments can be sued, as well; people occasionally sue their state or federal government, but they can only get a trial if the government waives its sovereign immunity and allows such suits. Warner v. U.S.<\/em>, for example, could be a claim for a tax refund wrongfully withheld or for damage caused to the Warner residence by a sonic boom from a US Air Force jet flying overhead.","rendered":"

Most of the cases we will look at in this textbook are civil cases. Criminal cases are certainly of interest to business, especially as companies may break criminal laws. A criminal case involves a governmental decision\u2014whether state or federal\u2014to prosecute someone (named as a defendant) for violating society’s laws. The law establishes a moral minimum and does so especially in the area of criminal laws; if you break a criminal law, you can lose your freedom (in jail) or your life (if you are convicted of a capital offense). In a civil action, you would not be sent to prison; in the worst case, you can lose property (usually money or other assets), such as when Ford Motor Company lost a personal injury case and the judge awarded $295 million to the plaintiffs or when Pennzoil won a $10.54 billion verdict against Texaco (see\u00a0Chapter 7 “Introduction to Tort Law”<\/a>).<\/p>\n

Some of the basic differences between\u00a0civil law<\/span> and criminal law<\/span> cases are illustrated in Table 1.1 “Differences between Civil and Criminal Cases”<\/a>.<\/p>\n

Table 1.1<\/span> Differences between Civil and Criminal Cases<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n
<\/th>\nCivil Cases<\/th>\nCriminal Cases<\/th>\n<\/tr>\n<\/thead>\n
Parties<\/em><\/td>\nPlaintiff brings case; defendant must answer or lose by default<\/td>\nProsecutor brings case; defendant may remain silent<\/td>\n<\/tr>\n
Proof<\/em><\/td>\nPreponderance of evidence<\/td>\nBeyond a reasonable doubt<\/td>\n<\/tr>\n
Reason<\/em><\/td>\nTo settle disputes peacefully, usually between private parties<\/td>\nTo maintain order in society<\/td>\n<\/tr>\n
<\/td>\n<\/td>\nTo punish the most blameworthy<\/td>\n<\/tr>\n
<\/td>\n<\/td>\nTo deter serious wrongdoing<\/td>\n<\/tr>\n
Remedies<\/em><\/td>\nMoney damages (legal remedy)<\/td>\nFines, jail, and forfeitures<\/td>\n<\/tr>\n
<\/td>\nInjunctions (equitable remedy)<\/td>\n<\/td>\n<\/tr>\n
<\/td>\nSpecific performance (equity)<\/td>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Regarding plaintiffs and prosecutors, you can often tell a civil case from a criminal case by looking at the caption of a case going to trial. If the government appears first in the caption of the case (e.g.,\u00a0U.S. v. Lieberman<\/em>, it is likely that the United States is prosecuting on behalf of the people. The same is true of cases prosecuted by state district attorneys (e.g., State v. Seidel<\/em>). But this is not a foolproof formula. Governments will also bring civil actions to collect debts from or settle disputes with individuals, corporations, or other governments. Thus U.S. v. Mayer<\/em> might be a collection action for unpaid taxes, or U.S. v. Canada<\/em> might be a boundary dispute in the International Court of Justice. Governments can be sued, as well; people occasionally sue their state or federal government, but they can only get a trial if the government waives its sovereign immunity and allows such suits. Warner v. U.S.<\/em>, for example, could be a claim for a tax refund wrongfully withheld or for damage caused to the Warner residence by a sonic boom from a US Air Force jet flying overhead.<\/p>\n\n\t\t\t

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Candela Citations<\/h3>\n\t\t\t\t\t
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