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2007-03-27 13:01:28 · 3 answers · asked by LORAN B 1 in Politics & Government Law & Ethics

3 answers

In addition to the statute/doctrine used to support the action, it also matters WHO is bringing the case. If the state is prosecuting someone, it's a criminal matter. If it's between private individuals (citizens, corporations, or other entities), it's a civil action. I emphasize this because certain "matters" can give rise to both a civil and a criminal action (e.g. if someone kills someone, the state will prosecute the murder regardless of whether the family wants to press charges, but the family could also *choose* to bring a civil suit to recover damages for the emotional & physical harm). Aspects such as procedure and burdens of proof will be different depending on whether it is a civil or criminal trial.

2007-03-27 14:01:08 · answer #1 · answered by zucca 6 · 0 0

There is civil code and criminal code They are types of laws. If the "matter" is referenced in the criminal code then it's a criminal matter, if it's in the civil code then it's civil.

2007-03-27 20:05:36 · answer #2 · answered by Anonymous · 0 0

it depends really on what code the statute comes from. Also, you can tell if it is criminal or civil by the penalties: you cannot go to jail for a violation of the civil code, but you can for criminal violations.

2007-03-27 20:12:09 · answer #3 · answered by kvpatel007 2 · 0 0

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