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The difference between Civil and Criminal Law.

josephprobst — 2023-11-29 21:45:58 UTC

Guilty or Liable

josephprobst — 2023-11-29 21:51:52 UTC

One of the main differences between the criminal and civil is the burden of proof. Because of this difference is easier to find people liable in civil courts than convict people in the criminal courts.

Damages = Money

josephprobst — 2023-11-29 21:59:26 UTC

In the civil courts people are often compensated for the damages they sustained in the altercation in question.

Assault Vs. Battery

josephprobst — 2023-11-29 22:29:09 UTC

Assault and battery are often lumped together, but in actuality they are slightly different. Assault does not require actual physical contact, while battery does.

josephprobst — 2023-11-29 22:32:38 UTC

The Definition of Assault

josephprobst — 2023-11-29 22:36:26 UTC

The definition of assault varies by jurisdiction, but is generally defined as intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. Physical injury is not required.

The Definition of Battery

josephprobst — 2023-11-29 22:38:38 UTC

Battery is the criminal act of intentionally touching, or applying force to the body of another person in an offensive manner, covering a wide range of acts, including those of a sexual nature. Physical contact is required.

The Elements of Battery

josephprobst — 2023-11-29 22:41:21 UTC

According to FindLaw. A successful civil suit for battery will require the plaintiff to prove that the following elements were present:

The intentional touching of, or application of force to, the body of another person.
Harmful, offensive manner and intent.
No consent from the victim.

The Elements of Assault

josephprobst — 2023-11-29 22:42:20 UTC

According to FindLaw. Unlike battery, civil assault doesn't require that the defendant have any physical contact with the victim. In a civil assault case, the plaintiff will have to prove that the following elements were present:

An intentional attempt or threat to inflict injury on another person.
Apparent ability to cause harm.
Creation of reasonable apprehension of bodily harm or offensive contact in the victim.

josephprobst — 2023-11-29 23:00:43 UTC

Compensatory damages are monetary rewards meant to compensate for the damages caused by the person held liable.

Civil Law

josephprobst — 2023-11-30 15:59:53 UTC

Civil law is the area of law that deals with altercations between members of the community that are not criminal, military, or religious in nature.

Criminal Law

josephprobst — 2023-11-30 16:01:33 UTC

This area of law deals with punishing people who have committed crimes against society or people.

How much can I get?

josephprobst — 2023-11-30 16:05:27 UTC

There is no limit to how much money can be awarded for the damages in a civil case.

Play fighting. Assault? Battery? Or neither?

josephprobst — 2023-11-30 16:11:54 UTC

Play fighting cannot be considered battery because each party consented to the physical contact. Of course, you can always argue that one party did not consent and sue for the damages, but I think in most cases this would not hold up in a court of law.

Criminal court parties Vs. Civil court parties

josephprobst — 2023-11-30 16:17:57 UTC

One of the main differences between criminal and civil courts is who prosecutes. In the criminal courts the government prosecutes the defendant. In civil courts the government is not involved meaning both parties are civilian instead of government agents.

Punishment Vs. Compensation

josephprobst — 2023-11-30 16:20:17 UTC

Criminal law seeks to punish the offender for the crimes committed, while civil law's purpose is to receive compensations for the damages sustained.

josephprobst — 2023-11-30 16:22:29 UTC

josephprobst — 2023-11-30 16:23:13 UTC

josephprobst — 2023-11-30 16:26:08 UTC

josephprobst — 2023-11-30 16:27:36 UTC