Civil Law vs Criminal Law: What's the Difference?

Have you ever been confused as to why some people only get sued, while others get arrested, and sometimes both? This is where civil law vs. criminal law comes into play; there are two different types of law. For example, take two friends of yours; one has a car that's been stolen, and the other is disputing the return of a deposit with their landlord. Both friends want assistance with something potentially wrong, but the way the law treats these situations is different.

One situation can be dealt with by criminal law. The focus of this law is to punish the wrongdoer and to attempt to deter the wrongdoer's actions in the hopes of improving society. The other situation can be dealt with by civil law. The purpose of civil law is simply to resolve a dispute, and if the court believes something wrong was done, to compensate the wronged with money. For students, especially those studying law, knowing the difference between civil and criminal law is important. And we, Locus Assignment, understand the importance of this. 

So, in this blog, we will define civil law vs criminal law, explain the key differences, identify the players in these matters, describe how cases are decided, and point out why knowing about this area of law is important for students like you.

What is civil law?

Let's start with civil law. When someone does something that has personally harmed you (perhaps financially or physically) that is not the kind of thing the police would typically deal with (as they would if there was, say, a robbery), that is where civil law comes in. 

Civil law deals primarily with issues between people and issues between organisations and disputes against one another, where one party has alleged they have been harmed because of the conduct (or lack thereof) of another party. Think of civil law as a means for people to resolve differences and reclaim their rights when their private rights have been harmed. 

Civil law is about reconciling disputes without unnecessary hostility, compensating the injured for their loss or damage (where applicable), and reinstating the injured person's original state, if possible. Civil law is about living in harmony with your neighbours, not punishing someone for the sake of the state.

Here are some important aspects of civil law: 

Private disputes: Civil law deals with disputes between private parties, whether they are individuals, corporations or even government entities acting in their private capacity. These disputes relate to the rights and obligations of individuals. 

Compensatory focus: In a civil claim, the most common remedy is that of damages, or a sum of money for the injured party. Other remedies may include injunctions (i.e., an order from the court requiring someone not to do something) and specific performance (i.e., an order to have a contract performed). 

There are many examples of this: It is easy to picture civil law in terms of personal injuries (e.g., involvement in a car accident), disputes about contracts (e.g., disputes between landlords and tenants and their tenancy agreements), divorce and family matters, intellectual property matters (e.g., who owns a song or patent), and even defamation (i.e., where one person defames the character of the other, damaging their social position).

Parties: In civil claims, the party bringing the lawsuit is known as the claimant (previously referred to as the plaintiff, though that term is no longer officially used in the UK legal system), and the party that is being sued is known as the defendant. The dispute is between those two parties.

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What is criminal law?

Now we will shift our focus from civil law to criminal law, a topic that most of you may have some experience with, either through fictional dramas on television or factual stories from the news. Criminal law deals with behaviour that is considered harmful to society (rather than the individual) as a whole. These are acts that violate public safety, order and morality, which is why they are seen as an offence against the state, not just an individual.

The main purpose of criminal law is very different from civil law. The three main aspects of criminal law are punishing offenders (retribution) for their wrongdoing, preventing offenders (and others) from repeating the same crime in the future (deterrence), and protecting society from dangerous or harmful behaviour (prevention). It is about maintaining public order rather than individual order.

Here are some important aspects of criminal law:

Public Wrong: Criminal acts are seen as harm against the state or the public at large, even if only one person is harmed. Because of this view, the state takes on the responsibility of prosecuting these actions.

Punishment: The ultimate result in criminal cases, if there is a guilty verdict, is punishment. Punishment can take the form of a fine, community service or imprisonment determined by the crime(s) for which the person is found guilty. The intention is to make the offender accountable to society.

Serious Examples: Criminal law may include a wide range of criminal acts – assault, murder, theft, fraud, drug trafficking, and driving offences are all crimes that will be resolved by criminal law because they are all acts deemed harmful to society.

Parties: In a criminal case, the state (through a prosecutor, e.g., the Crown Prosecution Service, in the UK) is charging an individual who, based on the evidence, may have committed the criminal act. The person charged is also known as the defendant.

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Key Differences: A Comparative Table

To make the difference between civil and criminal law crystal clear, here’s a side-by-side comparison:

Feature	Civil Law	Criminal Law
Purpose/Aim	Compensation, resolving disputes	Punishment, deterrence, and protection of society
Parties Involved	Claimant (formerly plaintiff) vs. Defendant	Prosecutor (State/CPS) vs. Defendant
Nature of Action	Private dispute	Public wrong
Burden of Proof	Balance of probabilities (“more likely than not”)	Beyond a reasonable doubt
Standard of Proof	Lower (about 51%)	Higher (virtually certain, no reasonable doubt)
Outcome/Remedy	Damages (money), injunctions, specific performance	Fines, imprisonment, probation, and community service
Initiation	Individual or organisation	State/Government
Legal Aid	Limited, but available in specific cases (e.g., housing, abuse). Often privately funded.	Right to legal representation for serious crimes
Verdict	Liable/Not Liable	Guilty/Not Guilty
Appeal	Usually, both parties can appeal	Usually, only the defendant can appeal a conviction

 

Remedies and Outcomes

In civil law, if the defendant is found liable, the court can order them to pay money (damages), restore property, or do something specific (for instance, honour a contract). The key information in a civil dispute is to compensate for the wrongful act. No one goes to jail in a civil case. 

In criminal law, if the defendant is found guilty, the punishment can take the form of imprisonment, a fine, assignment to perform community service, or some other punishment. In criminal law, the focus is on punishment and protecting society.

Impact of Ruling

Civil law: A finding of “liability” comes with a requirement to pay the plaintiff, making things right, usually by paying them damages.

Criminal law: A finding of “guilty” can result in a conviction and serious implications, such as imprisonment and sentencing to jail.

Overlap and Intersections

Sometimes, the same act can trigger both a civil case and a criminal case. For instance:

Assault: The state may prosecute the person who assaulted for assault (criminal law), while the victim may also sue him or her for damages (civil law).

Drunk Driving Causing Injury: A driver may be charged with dangerous driving (criminal law) and be sued by the injured party (civil law).

Fraud: A person may be prosecuted by the state and sued by a victim in an attempt to recover any loss suffered through the fraud.

The overlap exists because criminal law is concerned with harm caused to society (the state), whereas civil law is concerned with harm to the individual.

Conclusion

The difference between civil and criminal law is important for anyone studying law or wanting to know about law. Civil law vs criminal law is not merely an academic distinction; it has real implications for real people and real cases with real outcomes. Studying civil law focuses on dispute resolution and compensating victims of wrongdoing. Criminal law, on the other hand, aims to punish offenders and protect society. Understanding civil vs criminal law can help you identify your rights, select the right support, and make important decisions.

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