Both civil and criminal disputes are considered as legal cases in the court of law and usually follow a relatively similar trial procedure; yet, there are some very unique differences between civil litigation and criminal cases. In both civil and criminal cases, parties need to come to the conclusion that a present disagreement cannot be solved amongst themselves, arbitrators, or mediators and that lawful intervention is required. Daniel E. DeKoter Lawyer is an expert civil litigation attorney who says that it is very important to understand the difference between civil and criminal cases for every individual willing to become a lawyer.
These types of cases are started when the plaintiff, an offended party, files a complaint with the court. Even though the civil cases may include criminal actions, these trials are totally different from that of the proceedings of a criminal trial. In addition, civil cases cover the scope of disagreements, disputes, and complaints a plaintiff feels cannot be resolved satisfactorily with perpetrators without the intervention of the court.
Some Common Civil Cases According to Daniel E. DeKoter Lawyer
- Child support
- Child Custody
- Contractual disputes
- Product liability
- Personal injury tort claims
- Class action suits
- Medical malpractice
- Wrongful death
- Intellectual property disputes
- Estate planning disputes
- Libel, slander, and defamation of character
- Property and zoning disputes
Thus, it can be said that any difference that is not in desecration of criminal laws in a given jurisdiction is an appropriate civil case, as well as the harms stemming from certain criminal cases. Usually, in most of the civil cases plaintiffs will need to seek solution from a perpetrator. The solution may come in the form of a court instructed judgment that attempts to correct, through judicial decision, the consequence of an argument. In addition, solution can be attained in civil cases through settlement, which may be triggered in light of the expenditures and probable losses stemming from an approaching civil trial. The common solutions that are sought by plaintiffs in a civil case include:
- Declaratory judgment
On the other hand, criminal cases are handled by state, federal, or local courts which include an acting representative of the government pressing charges against individuals supposed of committing crimes. In case of criminal cases, the unproven crimes may have also tormented victims in a manner that also permits civil suits being filed, which will allow them to gather damages for their losses and injuries. Once a court determines that the individual has committed a crime then that individual will receive a sentence in the form of paying monetary penalty, imprisonment, or supervision in the community or a combination of all these.
As a criminal verdict can carry severer punishments than civil cases, criminal perpetrators are offered some distinctive rights. For instance, they are eligible to be represented through a public defender’s office if they cannot have the funds for an attorney. Apart from having experience in civil litigation, Daniel E. DeKoter Lawyer has experience in employment and business law, and administration and estate planning.