What Is The Difference Between The Plaintiff And The Defendant – Law can be divided in various ways. One of the most common divisions is dividing the law into adversaries and crimes. The basic definition of civil law is “law that applies to the rights of individuals.” Yourdictionary.com, “Definition of Civil Law,” accessed August 16, 2010, at http://www.yourdictionary.com/ civil law. As this definition shows, public law is between people, not
. Criminal law includes regulations established and enforced by government action, while civil law provides a remedy for individuals who need to enforce private rights against other individuals. Some examples of civil law are family law, wills and trusts, and contract law. If people need to solve a
What Is The Difference Between The Plaintiff And The Defendant
, this is called a civil case A legal action between people to resolve a civil dispute. , or a civil case. If the nature of the civil case involves injury, the tort action is called a tort process that seeks to compensate the victim for the injury. .
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It is important to distinguish between civil cases and prosecutions. A legal action in which the government prosecutes a defendant to protect the public. . Tort cases and criminal cases share the same courts, but have very different goals, objectives and outcomes. Sometimes a collection of facts takes the place of a civil case
In civil lawsuits, the injured party sues to obtain a court-ordered remedy, such as money, property, or some form of performance. Anyone injured – an individual, company or other business entity – can sue in court. In a case of damages, the injured person who sues is called the plaintiff. The person who sues in a civil case. . The plaintiff must hire and pay for an attorney or be independent. Hiring an attorney is one of the many costs of litigation and should be carefully considered before jumping into litigation.
The defendant, the perpetrator, and the person or organization charged are called the defendant. . During the term
Civil cases and criminal cases, so this can be confusing. The defendant can be any person or thing that caused the injury, including an individual, company, or other business entity. The defendant in a tort case must hire and pay an attorney
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. The right to free counsel does not apply to civil disputes, so a defendant who cannot afford an attorney must do so independently.
For any damage and to restore the plaintiff to the position that the person had before the damage occurred. This principle produces interesting results. Sometimes it creates a case or a case if there is no mistake on behalf of the accused. The goal is to make the plaintiff whole, not punish, that is
It’s not really a question. If the defendant has the means to pay, the law sometimes requires the defendant to pay so that the public does not have to bear the cost of the plaintiff’s injuries.
A defendant can be guilty without fault in two situations. First, the law violated by the defendant cannot claim fault. Often this is called strict liability without intent. . Hard debt cases do not require causation because they do not contain an element of intent. Strict liability and other issues of intent are discussed in detail in Chapter 4 “Elements of Crime”. Another situation in which a defendant may be guilty without fault is if the defendant did not commit the act but was connected to a substitute defendant
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. The policy of holding a different entity or person responsible for the defendant’s actions is called vicarious liability Transferring the defendant’s liability based on a special relationship. . An example of liability is employer-employee liability, also called respondeeat superiorA doctrine that binds the employer for the employee’s conduct during the course of employment. . If an employee injures a plaintiff while on the job,
May be liable for the plaintiff’s injuries, whether or not the employer was at fault. It is clear that between the employer and the employee, the employer has the better ability to pay.
Chris starts the first day of his new job as a cashier at a McDonald’s restaurant. Chris tries to multitask and pours hot coffee while withdrawing money. He faints from the coffee pot and pours hot coffee into the hand of his customer Geoff. In this case, Geoff may be right
If he gets hurt. McDonald’s is not technically at fault, but it could be liable for Geoff’s injuries under a respondeat superior theory.
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The goal of civil lawsuits is to compensate the plaintiff for damages, so the plaintiff must be a credible victim who can prove damages. In the absence of proof of injury, the plaintiff has no basis for a civil suit. An example would be if the defendant turns against the plaintiff in a car accident without causing damage to the car (property damage) or physical injury. Even if the defendant is at fault for the car accident, the plaintiff cannot file a lawsuit because the plaintiff does not need compensation for any injury or loss.
Often the plaintiff sues the defendant for money rather than an action-oriented remedy. In a damages case, any amount that the court awards to the plaintiff is called damagesThe amount that the court awards to the plaintiff in a damages case. . Several types of damages may be appropriate. Plaintiffs can sue for damages Damages that compensate the plaintiff for damages. , compensatory damages, costs Damages that compensate the plaintiff for the money spent in the civil case. , which recovers the costs of the case, and in some cases, punitive damages. Damages intended to punish the defendant. . Punitive damages, also called exemplary damages
Defendant for causing injury.BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996), accessed February 13, 2010, http://www.law.cornell.edu/supct/html/94-896 .ZO.html.
A criminal prosecution occurs after the defendant has violated a federal or state criminal law, or in some cases, after the defendant has committed a common law offense. Statutes and common law cases are discussed in section 1.6 “Sources of law”.
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The government starts prosecuting more than one plaintiff. If the defendant commits a federal crime, the United States continues to prosecute. If the defendant commits a federal crime, the state government, often referred to as the people of the state, will prosecute. As in civil cases, the person accused of wrongdoing is called the defendant and can be a person, company, or other business entity.
Whoever represents the government controls the prosecution. In a federal criminal case, this is the United States attorney, the attorney who represents the federal government in a federal criminal case. .United States Department of Justice, “United States Attorneys,” accessed February 15, 2010, http://www.justice.gov/usao. In a state prosecution, this is usually the state prosecutor. A lawyer who represents the state government in a federal prosecution. or district attorney. “United States Prosecuting Attorneys,” Galaxy.com website, accessed February 15, 2010, at http://www.galaxy.com/dir968533/United_States.htm. A federal prosecutor works for the state but is usually an elected official representing the county where the defendant is accused of committing a crime.
.Alabama v. Shelton, 535 U.S. 654 (2002), accessed August 16, 2010, http://www.law.cornell.edu/supct/html/00-1214.ZO.html. Attorneys provided by the government are called public defenders A public attorney who represents criminal defendants who cannot afford attorneys’ fees and face imprisonment. .18 U.S.C. § 3006A, accessed February 15, 2010, http://www.law.cornell.edu/uscode/18/3006A.html. This is a big difference from a tort case, where both the plaintiff and the defendant must hire and pay for their own private attorneys. The court appoints a free lawyer to represent the defendant in the criminal case because
The presence of the Constitution in all stages of the criminal case significantly changes the process in the trial of damages. The defendant gets more constitutionally
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, including the right to remain silent, the right to due process, freedom from double jeopardy, and the right to a trial, among others.
. Remember, the purpose of civil lawsuits is to compensate the plaintiff for damages. In contrast, the goal of a criminal case is to
Almost always a feature of all criminal cases. This is not the same as civil disputes, where solvency is the most important issue. It is clear that it is wrong to punish a defendant who has done nothing wrong. This makes criminal justice more focused and satisfying for many students.
Necessary elements of a criminal case because punishment is the principle and there is no plaintiff. So the conduct can be criminal even if it is harmless. Society does not encourage or condone behavior simply because it fails to cause tangible losses.
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Steven is angry because his friend Bob broke his skateboard. Steven takes his silenced pistol, puts it in the glove compartment of his car. He then starts driving to Bob’s house. While Steven was driving, he exceeded the speed limit three different times. Steven arrives at Bob’s house where he is hiding in the bushes near the mailbox and waits. An hour later, Bob opens the front door to the mailbox.
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