What are the differences between civil and criminal law in Texas?
• Civil law involves a dispute, usually between private individuals over relationships, obligations, and responsibility (e.g., contracts, property, personal injury). • Criminal law involves the violation of a criminal statute and is brought by the state against the accused violator or defendant. II. How is the legal process different in civil and criminal cases? • In civil cases, the plaintiff has the burden of proof and must prove his or her case by a preponderance of the evidence to recover monetary damages. • In criminal cases, the state must prove that the defendant committed the offense beyond a reasonable doubt. • Most cases are resolved before they reach trial, through settlement in civil cases or a plea bargain in criminal cases. • Often, before a case goes to trial, a grand jury will determine whether there is enough evidence against a defendant to justify a trial. Grand juries do not rule on a defendant’s guilt or innocence.
