Not that you will be given a choice, but the criminal case is easier to decide than the civil case. In criminal law, the standard of proof is beyond a reasonable doubt. That's pretty easy: OK, I have a doubt. But is it a REASONABLE doubt?
The standard of proof in a civil case is called preponderance of the evidence; sometimes explained as "more likely than not." That's very hard to weigh at times. It's almost (but not quite) a question of which side seems to be telling the truth. Or sometimes which side's expert is the most convincing. But an expert's credibility is often a factor of how much experience he has testifying in court, how impressive his credentials are -- in short, the size of his fee. And whether we like it or not, the same is true as to the skill of the competing attorneys. Then there's the "deep pocket" phenomenon: is this person being sued because he is primarily responsible for the harm, or because he has the largest insurance policy?
2007-10-29 13:13:39
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answer #1
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answered by auntb93 7
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Civil case is where a citizen asks a court for a judgement for money to cover damages caused to them by another citizen. This could be damage to your car, or damage caused by a professional such as a doctor who did not provide a reasonable standard of care, or suing someone for wrongful death if your partner was killed in a wreck. Stuff like that.
Criminal is where a person is being prosecuted by the government representing us the citizens against someone accused of a crime. If it is the federal government, the case would like U.S.A. v. whoever , or the state would be like California v. whoever . Here the question is guilt or innocence, and the penalty is prison, so unlike civil court where the evidence must be proved by a 'preponderence of evidence', in criminal it must be 'beyond a reasonalbe doubt'.
2007-10-29 12:52:24
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answer #2
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answered by ? 6
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Criminal. They mostly even try to get through murder trials within a week. Civil cases can drag on forever. And you can keep having to go through the Courthouse, go through all the BS and then get sent home because one side of the other got a continuance.
2007-10-29 12:37:43
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answer #3
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answered by Anonymous
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Criminal. More interesting. And maybe you can make new connections.
2007-10-29 12:33:07
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answer #4
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answered by CW 3
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