Simply put.... a civil action generally deals with financial issues.....child support, failure to act within a contract, etc. A criminal act is a crime against a person or the state. Assault, DUI, Murder, Terrorist threats of violence, Domestic Violence, drug poss., etc.
2007-01-11 15:37:47
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answer #1
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answered by Anonymous
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Civil actions are for wrongful acts against the person or against property that are called "Torts." The remedy is usually money damages. Civil courts also dissolve marriages, probate wills and a whole host of other administrative matters.
Criminal actions, on the other hand, are litigated by the local district attorney, and the purpose of these is to investigate and punish violations of crliminal codes. This has the goal of keeping offenders from commiting the same acts when they are released.
2007-01-11 23:50:13
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answer #2
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answered by Jeffrey V 4
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Unlike the criminal trial in which the focus is processing the accused, a civil case focuses on the damage done to the victim and on compensating him or her for physical, emotional, and financial losses.
A civil action can obtain compensation to pay for medical expenses, counseling, lost earnings and earning capacity, and pain and suffering.
Sometimes civil actions can be an option when a case is not viable for criminal prosecution because a civil case requires a less rigorous standard of proof.
Only civil cases can be pursued against third parties whose actions or inactions may hav contributed to a crime. And only civil cases can be undertaken for family members of crime victims.
Punishment - In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.
Burden of proof - In criminal litigation, the burden of proof is always on the state. In civil litigation, the burden of proof is initially on the plaintiff. However, there are a number of technical situations in which the burden shifts to the defendant. For example, when the plaintiff has made a prima facie case, the burden shifts to the defendant to refute or rebut the plaintiff's evidence
Protections - Criminal has well known protections such as unreasonable search and seizure and double jeapordy. Civil does not provide such protections.
2007-01-11 23:39:19
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answer #3
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answered by Gregory K 4
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Civil actions generally involve lawsuits between parties in civil courts. Criminal actions deal with the penal code and criminal courts.
2007-01-11 23:38:23
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answer #4
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answered by Anonymous
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'Civil' action is 'suing' someone or a company. It's a lawsuit. You can gain some sort of material compensation through that if it's awarded.
Criminal 'charges' are filed through the police department and then the prosecuting attourney's office. And the only compensation is seeing that person go to jail if convicted.
2007-01-11 23:44:52
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answer #5
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answered by Cedar_2006 3
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civil action- not criminal- ususally a case resolved with the exchange of money ! plaintiff would sue the defendant for any damages incurred. criminal- prosecuted by the state and local courts with criminal penalties including jail. it really depends upon whether you would be the plaintiff or defendant here
2007-01-12 13:13:39
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answer #6
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answered by Officer Baz Says... 2
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I think civil action is law enforcement reacted to something and criminal action is well, criminal action. I'm not really sure so please find another source if in doubt.
2007-01-11 23:38:32
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answer #7
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answered by Anonymous
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well civil has monetary penalties
a criminal one would have prison and/or monetary fines...
2007-01-11 23:38:26
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answer #8
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answered by Anonymous
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