Civil litigation is ordinarily between two or more private parties and is conducted in a public forum. A civil matter arises when there is a dispute between people. An action or application procedure can be followed. An action procedure is where a summons is delivered by the sheriff on behalf of the plaintiff (the aggrieved person) to the defendant (the contravening person). An application procedure is where the court’s judgment is based on documents and supporting affidavits.
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one’s self.
Some actions involve both criminal and civil matters. For example, assault can be both a civil matter and a criminal matter. It is criminal case because when one person intentionally strikes and injures another individual. At the same time, if a victim of said crime receives injuries and experiences pain and suffering, he can sue the person who caused the injury in civil court for damages to compensate the victim for his medical expenses, pain and suffering.
Because the standard of proof in a criminal case is higher than that of a civil lawsuit, a guilty verdict or plea may help a plaintiff in their civil lawsuit. However, a not guilty verdict in the criminal case does not stop the civil case from proceeding forward on its own merits.
At BDK Attorneys, we believe that, although we will never back down on a good fight, litigation is so much more than that. We stand for values where our clients are treated fairly and with compassion. Afterall, it is our job to navigate you through the stormy waters of your legal issues.
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