What is the difference in criminal and civil cases?
There is a difference in the law between civil and criminal cases. In a civil case, the plaintiff need only prove his/hers case by a preponderance of evidence. A small claims case is a civil case which can be filed by any person for a small filing fee. Such a case can be filed even though the police and the State’s Attorney feel there is insufficient evidence to prove a criminal case beyond a reasonable doubt. Examples of cases which cannot be charged by the State’s Attorney include those situations in which someone owes you money and has refused to pay you back. To most people, this behavior is theft, and the person ought to be charged with a crime. However, the law requires that the State prove that the person had the criminal intent to deprive at the time the person took possession of the money. In most cases, this element is missing. Without evidence of criminal intent, the State’s Attorney would be unable to prove a criminal case beyond a reasonable doubt. In such a case, a small
Related Questions
- How is the scheduling of complex cases – cases in Track 4 Criminal, Civil, Business & Technology and ASTAR (Complex Science/Medicine) - arranged?
- What To Do About Wage Garnishment What are the differences between civil and criminal cases?
- Is there any difference between how civil cases and criminal cases are handled on appeal?
