A civil action is a lawsuit filed by a private individual (not the government) against an additional private individual. Criminal lawsuits differ from their civil counterparts in that criminal prosecutions are intended to convict and punish the criminal offender, whereas civil lawsuits are created to settle disputes in between private parties. This sets out the complaint against the defendant and the remedy the plaintiff is seeking. The defense lawyer usually summarizes the strongest points of the defendant’s case and points out flaws in the prosecutor’s case. In contrast, a defendant in civil litigation is never incarcerated and under no circumstances executed.

In criminal cases, the public, by way of the authority of the statee (or, if federal, the United States), brings the accused criminal (the defendant) to court to determine his or her guilt or innocence. The plaintiff is the party that has allegedly suffered some legal wrong at the … Read the rest >>>