Question

_______ based on an injury or
wrong doing
TORT:
• A civil wrong-doing against an
individual
The Difference Between
Criminal and Civil Law

Answer 1

Fill in the blank:
- "A civil lawsuit (civil action) based on an injury or wrongdoing."

TORT:
- A tort is a civil wrong against an individual (e.g., negligence, battery, defamation).

Key differences between criminal and civil law:
- Purpose:
- Criminal: punish wrongdoing and protect society.
- Civil: compensate the victim and resolve private disputes.
- Parties:
- Criminal: government (prosecutor) vs defendant.
- Civil: private plaintiff (individual or business) vs defendant.
- Burden of proof:
- Criminal: beyond a reasonable doubt (very high).
- Civil: preponderance of the evidence (more likely than not) or clear and convincing in some cases.
- Possible outcomes:
- Criminal: incarceration, fines, probation, criminal records.
- Civil: monetary damages, injunctions, specific performance, declaratory relief.
- Rights and procedures:
- Criminal: defendant has constitutional protections (e.g., Miranda warnings, right to counsel, protection against double jeopardy).
- Civil: fewer constitutional protections; discovery is often broader; no double jeopardy issue.
- Who can bring the case:
- Criminal: state or federal government.
- Civil: injured person(s) or entities; sometimes government can bring civil suits.
- Examples:
- Criminal: robbery, assault leading to criminal charges.
- Civil: personal injury lawsuit for the same assault, breach of contract.

If you want, I can format this into a one-line study flashcard or a short comparison table.