What is the difference between civil and criminal procedure?
The most important difference between civil and criminal procedure is that civil cases are concerned with settling disputes between two or more parties, while criminal cases are concerned with punishing an individual for violating a law. In civil cases, the plaintiff is the party initiating the action, and the defendant is the party being sued for damages or other relief. The goal of a civil case is usually to resolve the dispute and award damages or other relief to the prevailing party, such as a court order to do something or not do something. In criminal cases, the prosecutor is the one initiating the action, and the defendant is the one charged with a crime. The goal of a criminal case is usually to punish the defendant for violating the law, by means such as fines or jail time. In civil cases in Texas, the rules of civil procedure are used to guide the way the case is handled. These rules cover such topics as where to file the case, how discovery should be conducted, how witnesses should be examined, and what procedures should be followed when filing documents. The rules of criminal procedure in Texas cover much of the same information as civil procedure. However, criminal proceedings must follow more stringent dictates and are more heavily regulated by the state. In addition, criminal proceedings have much higher stakes, as they can result in the incarceration of the defendant.
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