What is the difference between a civil action and a criminal action?

The primary difference between a civil action and a criminal action is the type of relief being sought. In a civil action, the plaintiff (the party bringing the suit) is typically seeking monetary damages or specific performance from the defendant (the party being sued). In other words, the plaintiff is asking the court to order the defendant to do something or to pay money to compensate for a wrong that has been done. In a criminal action, the state (or in some cases the federal government) is the plaintiff and it is demanding a punishment from the defendant for breaking a law. Generally, criminal actions result in incarceration, fines, or other punishments. Another difference between civil and criminal actions is the burden of proof required to find a defendant liable or guilty. In a civil action, the plaintiff only needs to prove the case by a "preponderance of the evidence," which is a lower standard than the "beyond reasonable doubt" standard required in criminal actions. Finally, the damages awarded in a civil action are usually much lower than the fines or jail sentences imposed in criminal actions. Civil actions are designed to compensate the plaintiff for the actual harm suffered, while criminal punishments are typically designed to both punish the offender and to deter future misconduct. In Michigan, the laws governing civil and criminal action are the same as in the other U.S. states. However, courtrooms and other proceedings in Michigan differ from those in other states, and the process for filing a lawsuit can also vary.

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