Civil vs. Criminal: Two Separate Worlds
A "Civil Action" is a lawsuit brought by one private party (the plaintiff) against another (the defendant) to enforce a legal right, resolve a dispute, or seek compensation for a harm. This is distinct from criminal proceedings, where the government prosecutes an individual for violating the penal code.
Key Characteristics of Civil Actions
1. The Goal is Remedy, Not Punishment
In a criminal case, the goal is often incarceration or probation to punish the offender and protect society. In a civil action, the goal is to make the victim whole. This usually takes the form of:
- Compensatory Damages: Money to pay for medical bills, lost wages, or repair costs.
- Punitive Damages: Extra money awarded to punish egregious behavior (though this is rare).
- Injunctions: A court order forcing the defendant to stop doing something (like polluting a stream) or to do something (like honor a contract).
2. Burden of Proof
Civil actions have a lower burden of proof than criminal cases.
Criminal: "Beyond a reasonable doubt" (approx. 99% certainty).
Civil: "Preponderance of the evidence" (51% certainty - "more likely than not").
This is why someone can be acquitted of a crime (like O.J. Simpson) but found liable in a civil wrongful death suit for the same incident.
3. The Parties
In a civil action, the plaintiff can be an individual, a business, or even a government entity acting in a civil capacity. The defendant is the party accused of the wrong. The government does not provide a lawyer for civil defendants; if you are sued, you must hire your own counsel or represent yourself.
Types of Civil Actions
- Torts: Personal injury, negligence, defamation, assault.
- Contract: Disputes over agreements, debts, or sales of goods.
- Property: Boundary disputes, trespassing, landlord-tenant issues.
- Family Law: Divorce, child custody, adoption.