What is the difference between civil litigation and criminal litigation?
Civil litigation law is a type of law that governs disputes between two or more parties. It covers a wide range of civil disputes, including contract and tort law. In North Carolina, civil litigation is primarily handled in the state’s district and superior courts. Criminal litigation law, on the other hand, involves offenses against the public safety or public interest. These matters are handled in the state’s criminal court system and are heard by a judge or jury. Unlike civil litigation, criminal litigation is prosecuted by the government and may result in a criminal conviction with punishment such as incarceration, fines, or probation. The primary difference between civil and criminal litigation is the proof required to find a defendant guilty. In civil litigation, a plaintiff must prove that a defendant is liable for damages based on a “preponderance of evidence” or “more likely than not.” In criminal litigation, however, the standard of proof is much higher. Criminal cases require the prosecution to prove that the defendant is guilty “beyond a reasonable doubt.” Additionally, the remedies sought in civil and criminal litigation are vastly different. In civil cases, the plaintiff is seeking monetary damages or other remedies, such as an injunction or contract enforcement, from the defendant. In criminal cases, the government is seeking to punish the defendant and send a message that their actions are unacceptable.
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