Criminal laws are the rules that apply when someone commits a crime, such as assault, robbery, murder, arson, rape and other kinds of crimes. After a person is arrested and charged with a crime, that person goes to a Criminal Court. Show Civil law refers to almost all other disputes—these are the rules that apply when one person sues another person, a business or agency. This can cover a housing case such as for eviction or foreclosure, a family case such as divorce or custody, consumer problems such as debt or bankruptcy, or when someone sues for money because of damage to property or personal harm. All of these cases go to a Civil Court. The judges in criminal and civil court have different powers. Criminal Court judges can punish you for breaking the law by sending you to jail. Civil Court judges can order you to pay money or a fine, or make decisions about your family or your home. What happens in criminal court?In criminal court, the government files a case against someone for committing a crime. The person accused of committing the crime is called the defendant. The government must prove that the defendant is guilty “beyond a reasonable doubt,” which is a very high standard. If the defendant is found guilty, they may go to jail or prison. I have been accused of a crime and cannot afford a lawyer. What can I do?Under U.S. law, if you have been accused of a crimethat may lead to jail time, the judge should assign a government-paid lawyer called a public defender or legal aid lawyer to represent you in court even if you do not have legal immigration status. To get a public defenderor legal aid lawyer, you need to tell the judge that you cannot afford to hire a lawyer. Each court has different rules for how low your income must be to qualify for a public defender or legal aid lawyer. The judge may ask you to fill out a form listing what you own and how much you earn. You may also need to provide copies of your pay stubs to prove how much you earn. If there is no public defender or legal aid lawyer where you live, then the judge can assign another lawyer to represent you for free. If you are not a U.S. citizen, ask your public defender or legal aid lawyer to check with a qualified immigration lawyer about how a plea bargain in your criminal case may affect your immigration status. Some plea bargains may result in deportation. A qualified immigration lawyer may be able to suggest a plea bargain arrangement that won’t result in deportation. I am a crime victim. Do I need a lawyer in criminal court?If you are a crime victim, you do not need a lawyer in criminal court. Only a lawyer for the government can file a case in criminal court. The lawyer for the government is called the prosecutor, district attorney, D.A., county attorney, or state attorney. What happens in civil court?In civil court, one person sues (files a case) against another person because of a dispute or problem between them. A business or agency can also file a case in civil court or be sued in civil court. If someone loses a case in civil court, that person may be ordered to pay money to the other side or return property, but that person does not go to jail just for losing the case. What kinds of cases do civil courts handle?Civil court cases can be about:
Administrative or government agencies also have hearings to handle civil cases such as:
How difficult is it to win a case in civil court?To win, you must prove your civil case by the “preponderance of the evidence.” In other words, the judge or jury must believe that your case is stronger than the other side’s case. I cannot afford a lawyer for my civil court case. What can I do?
To contact the bar association in your area, go to the ABA's lawyer referral directory. Read our Finding Legal Aid and Other Low Cost Sources of Legal Help guide for more options that may be available in your area.
The fundamental difference between civil and criminal law in Australia is that the onus of proof and the standard of proof is generally always on the prosecution who must prove its case against the accused to a high standard of ‘beyond reasonable doubt’ in court. Failing that, the charges will be dismissed. In contrast, a civil law case is required to be proven by the plaintiff to a lower standard of proof of ‘on the balance of probabilities’. What is the difference between civil and criminal law? The difference between civil and criminal law in Australia is outlined in the difference between civil and criminal law table below. Difference Between Civil and Criminal Law TableDifferences between civil and criminal law table
If the plaintiff in a civil law case fails to prove its case on the balance of probabilities against the defendant, the plaintiff will likely have to pay the other sides legal costs. The civil standard of proof is easier to prove than the criminal standard of proof of beyond reasonable doubt. In criminal law, the losing party normally don’t end up paying the legal costs for the winning party. The accused person in a criminal law case has the benefit of the doubt. He/she is presumed innocent until/unless proven guilty by the court. Civil vs Criminal LawCriminal law is the oldest type of law, which involves the State or Commonwealth as representatives of the community prosecuting a person or corporation for committing a crime which the community has chosen to be against the law to the extent of being a criminal offence warranting serious penalties. For example, it can be accepted that any community in any country prohibit murder, sexual assault offences and theft which ought to be punished to maintain a safe liveable community. In Australia, criminal law is divided amongst the state, territory governments on the one side, and the federal government on the other. In contrast, civil law are vast set of rules established over time that govern the resolution of disputed between people and/or corporations. The purposes of the civil law is essentially to place the aggrieved person/corporation back into the same position prior to the loss/damage caused by the defendant. This is usually in the form of a monetary sum, also known as compensation. Civil law disputes between individuals are conducted in court in a different way to that of the criminal law. In civil law claims at court, each party gathers, files and serves their evidence. That evidence is then heard before a Magistrate or Judge in court who ultimately determines the legal issues and makes orders in favour or against a party. Legal costs usually then follow for one party to bear the other parties. Similar to criminal law, if any party to the civil dispute is unhappy with the court’s decision, that decision can be appealed to a higher court. The legal costs can be significant for each party. However, the losing party usually ends up being ordered to pay the winning party’s legal costs, which is not what occurs in criminal law. What is civil law in Australia?Civil law is the basis of your rights and responsibilities, the rights and responsibilities of organisations including government, non-government and private entities who each interact with one another. A civil law case does not involve criminal charges or allegations. Nor does it involve police, unless it is claiming compensation against the police in a civil claim. A breach of a civil law right or responsibility can lead to monetary penalties to restore the aggrieved party back to the pre-breached condition. Fundamentally, civil law in Australia provides the foundation in which legal issues are resolved between people and/or organisations that affect people in everyday life, including unpaid debts, fines, discrimination, damages, negligence, divorce, property and child custody disputes amongst parents. Civil claim disputes are heard either in tribunals or courts, where an independent judicial officer will preside to hear evidence from both sides before making a determination according to the civil laws. What is criminal law in Australia?This is an area of law that exclusively deals with crimes and criminal justice for the purposes of keeping people safe in the community and to maintain fundamental rights. It directly relates to our fundamental human and civil rights, including the right to silence, the right to privacy, the right to be able to peacefully and freely walk in public without unlawful interference and the right to liberty. The criminal law power and jurisdiction is divided between the States and Territory on the one hand, and the federal government in accordance with Australia’s constitutional law on the other. The Commonwealth/federal government has limited power to make laws on certain aspects. In contrast, the state and territory governments have more power to make laws. The Commonwealth criminal offences and criminal law is mainly found in the Commonwealth Crimes Act 1914 and the Criminal Code Act 1995. Where there is ever cross over between state and federal laws, the federal law overrides state law. NSW state criminal laws are mainly found in the Crimes Act 1900 (NSW), Drug Misuse and Trafficking Act 1985, Bail Act 201, Uniform Evidence Act 1995, Law Enforcement (Powers and Responsibilities) Act 2002. A criminal lawyers role is to advise, guide and legally represent clients in court who’re facing state or federal criminal charges. A good criminal lawyer with experience will carefully analyse and assess the prosecution’s evidence to determine its credibility while also determining if the evidence has been illegally or improperly obtained by police, and whether it’s enough to prove the prosecution’s case beyond reasonable doubt. Civil Law vs Common LawCivil law if based on Roman law and has been developed in Continental Europe and other parts of the world. Civil law is encompassed within civil codes. It’s structured, classified and has a number of rules and principles. They often provide limited detail, and it’s the court’s role to interpret the civil law and apply it to the facts of each case at hand. The civil law is meant to generally apply across all cases, but when some cases aren’t regulated by the civil law, the courts are required to apply general principles of the civil law to cater to those cases. In contrast, common law has its origins from England since the eleventh century. It has since been applies into Australia, New Zealand and other Commonwealth countries. Unlike civil law, the common law is created by cases over time called case law. The civil law on the other hand is created by legislation. The concept of common law is that earlier decisions in cases by higher courts should be followed in subsequent similar cases before the courts. This is called precedents which the courts show respect by following the wisdom and experience of higher courts. Higher courts can then change established precedent principles by reviewing it in new cases if appropriate. Civil Law vs Common Law TableFundamental differences between civil vs common law is outlined in the below table. Civil vs common law differences table
The main types of civil law in Australia include:
When looking into a civil vs criminal case, it’s important to understand that a civil case will be required to be proven in court on the balance of probabilities (or likely than not). i.e. the plaintiff must prove that the defendant breached the civil law on the balance of probabilities. The court or tribunal will then award damages to the winning party. A criminal case is required to be proven beyond reasonable doubt by the prosecution. The winning party are not normally awarded costs. Similarities Between Civil and Criminal LawSome major similarities between civil and criminal law include the following:
|