The Differences between Criminal and Civil Law Cases
A state circuit court and a federal district court handle both civil and criminal cases. Criminal and civil cases are distinct from one another in the following ways:
Criminal Law
1. The plaintiff is always the state or federal government.
2. Punishment may be fine and/or imprisonment.
3. State or federal statutes always establish criminal law.
4. The jury decision in a criminal trial must be unanimous.
5. The burden of proof in a criminal trial is “beyond a reasonable doubt.”
6. Only the defendant may appeal in a criminal case.
7. In a criminal case, the defendant is either guilty or not guilty.
Civil Law
1. Both parties may be anybody, including governments, corporations and individuals.
2. The loser in a civil case cannot be imprisoned, even if he or she cannot pay the damages.
3. Civil law is established both through state and federal statutes and through court decisions.
4. In Missouri, the jury decision must be 9-3 for the plaintiff to win. States vary. Federal courts do require an unanimous verdict.
5. The burden of proof in a civil trial is “preponderance of the evidence,” which sometimes is defined as “more likely than not.”
6. Either party may appeal in a civil case.
7. In a civil case, the plaintiff and the defendant may both be found partially right and partially at fault.