Rights/criminal Court Vs Civil Court

A: Difference Between Civil and Criminal Court
(https://www.criminaldefenselawyer.com/resources/criminal-defense/defendants-
rights/criminal-court-vs-civil-court )
There are several important differences between civil and criminal court. In general,
civil courts are designed to resolve differences when private individuals or businesses
can no longer reach an agreement on their own. Criminal courts are designed to
determine whether a person has violated a criminal law (a law against harming or
endangering others or their property) and, if so, punish the offender.
In some countries, civil and criminal issues may be decided by one court, but in the
United States, civil and criminal courts are completely separate. Different rules apply
and, at least in larger cities, the attorneys and judges are different too.
Criminal Procedure
In criminal court, the state, represented by a prosecutor, brings charges against the
defendant for breaking the law. It is up to the prosecutor, not the victim, to decide
whether to bring charges and, if so, what charges. The prosecutor must prove the
charges beyond a reasonable doubt. In most cases, the defendant has the right to a jury
trial, and the verdict must be unanimous. If convicted, the defendant can be sentenced
to prison or jail, as well as ordered to pay a fine.
For example, if a drunk driver causes a car accident, the driver can be arrested for
driving under the influence (DUI). If the prosecutor proves beyond a reasonable doubt
that the driver was intoxicated, the driver can be sent to prison or jail or ordered to
attend alcohol treatment or pay a fine.
In some states, for certain minor misdemeanors involving property damage or very
slight physical injury, a defendant can pay the victim and the court can dismiss the
charges.
Civil Law
Civil courts handle disputes between individuals and businesses, including family law
cases like divorces or adoptions, business and contract disputes, personal injury cases,
and property disputes. In civil court, one party (the plaintiff) brings suit against
another party (the defendant) and asks the court to award monetary damages, change a
party's legal status (such as dissolving a marriage), or order the plaintiff to do or stop
doing something.
Plaintiffs and defendants in civil trials have some, but not all, of the same rights as
criminal defendants. Often, parties do not have the right to a jury trial, there is no
requirement that the verdict be unanimous, and the judge or jury need only reach
conclusions "by a preponderance of the evidence," meaning more likely than not, that
the plaintiff's allegations are true. "Beyond a reasonable doubt" is a more difficult
standard to meet.
Considering the example just above, if the drunk driver hits and injures a bicyclist, the
cyclist can file a lawsuit in civil court seeking damages. The cyclist is the plaintiff and
the drunk driver is the defendant. The cyclist must prove by a preponderance of the
evidence that the drunk driver's actions caused the injuries. If the cyclist succeeds, the
driver may be ordered to pay the cyclist's medical bills, lost wages, pain and suffering,
and attorneys' fees. These damages will be in addition to any criminal conviction.
Civil and Criminal Attorneys

While some attorneys practice both criminal and civil law, most attorneys specialize in
one or the other. In criminal cases, the prosecutor is a government employee. Because
the prosecutor represents the public, prosecutors have an ethical obligation to uphold
the public's interest in doing justice. For example, "in the interests of justice," a
prosecutor may decide not to retry a case or to drop charges. A public defender or a
privately retained defense attorney, however, is charged with protecting the interests
only of his or her client. Though the lawyer may not act unethically, the lawyer must
put the client's interests above any policy or political considerations.
In civil cases, private attorneys usually represent both parties. Unlike criminal
defendants, parties to civil suits who cannot afford attorneys are not entitled to have
attorneys provided for them in most cases. In some communities, legal aid attorneys
represent people who cannot afford other representation. If that option is not available,
people who cannot afford an attorney may have to represent themselves.
Obtaining Legal Assistance
If you are charged with a crime or named as a defendant in a civil suit, you should talk
to a local attorney. Both criminal convictions and civil judgments can have serious
consequences and an experienced attorney who specializes in the kind of case in which
you are involved will be able to tell you what to expect in court and how to proceed to
achieve the best possible outcome in your case.
Criminal courts (https://www.gov.uk/courts )
Contents
1. Magistrates' courts
2. Crown Court
3. Youth courts
Magistrates' courts
All criminal cases start in a magistrates’ court.
Cases are heard by either:
 2 or 3 magistrates
 a district judge
There is not a jury in a magistrates’ court.
Cases a magistrates’ court deals with
A magistrates’ court normally handles cases known as ‘summary offences’, for
example:
 most motoring offences
 minor criminal damage
 common assault (not causing significant injury)
It can also deal with some of the more serious offences, such as:
 burglary
 drugs offences
These are called ‘either way’ offences and can be heard either in a magistrates’ court
or a Crown Court.
Cases that magistrates pass to the Crown Court
Magistrates’ courts always pass the most serious crimes to the Crown Court, for
example:
 murder
 rape
 robbery
These are known as ‘indictable offences’.
Being kept in custody or granted bail
In some cases the magistrates’ court will decide if you should be kept in custody until
your next court hearing, or released on bail.
This may happen if:
 another court hearing is needed
 the court needs more information before passing sentence
 your case is passed to the Crown Court for trial or sentencing
If you’re released on bail, you might have to follow strict conditions such as keeping
away from certain people or places, staying indoors or wearing a tag.
If you do not attend court after being granted bail, you can be put in prison.
Sentences a magistrates’ court can give
The court can give punishments including:
 up to 6 months in prison (or up to 12 months in total for more than one offence)
 a fine
 a community sentence, like doing unpaid work in the community
 a ban, for example from driving or keeping an animal
Courts can also give a combination of punishments - for example a fine and unpaid
work in the community.
If the court decides your sentence should be for longer than 6 months, it can pass your
case to the Crown Court for sentencing.
Appealing a sentence or conviction
If you disagree with verdict of the magistrates’ court, you may be able to appeal.

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A: Difference Between Civil and Criminal Court

Civil and Criminal Attorneys

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