Criminal Law Frequently Asked Questions
- What is the difference between criminal law and civil law?
- Can some activities be both a criminal offense and a civil offense?
- Is being guilty the same as being liable?
- How could a person be found not guilty in his criminal case, yet, liable in his civil case?
What is the difference between criminal law and civil law?
Civil law suits are private suits between two or more citizens. Civil law is the area of law by which private individuals resolve their differences with the help of the civil courts.
Criminal law involves a citizen or a business and the state. The rules of the federal government and all individual state governments are codified into statutes. When an individual violates the rules, as listed in the statutes, then the federal government or the state will prosecute the individual. The remedies available in civil courts are generally limited to money damages. The remedies in criminal court may involve a money fine and/or a prison sentence.
Can some activities be both a criminal offense and a civil offense?
Yes. For example, If John punches Bob, John may be guilty of battery in a criminal court and liable to Bob for battery in a civil court.
Is being guilty the same as being liable?
Whether you paid for medical care out of your own pocket or your health insurance covered it is none of a claims adjuster's business. The same goes for whether your lost time at work was covered by sick leave or vacation pay. In fact, it is improper for an adjuster even to ask about such payments. You paid for your health insurance and earned your sick leave or vacation pay; now the insurance for the person who caused the accident has to pay. Your own health insurance, however, may require that, out of your settlement, you reimburse it for some or all of the amounts it has paid to treat your injuries.
How could a person be found not guilty in his criminal case, yet, liable in his civil case?
If you are injured in an accident, it is important to seek treatment immediately. Sometimes serious injuries do not cause immediate pain. If you experience even minor pain after an accident, seek treatment immediately. Remember to obtain the name, address, license number, and insurance information from the other drivers involved.
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