Marlon Granados

Professor Anne Delaney

22 September 2016
Business Law
Criminal and civil law
In 1994, the ex-football player and actor O.J Simpson was prosecuted for the
murder of her ex-wife and his best friend. This was a criminal case, this means that the
government followed the prosecution of the crime. O.J Simpson was famously acquitted
of the crime, which means he was found not guilty for the murder. But that is not the
end of the story, the victims families suit O.J for a wrongful dead lawsuit turning it in a
civil law case meaning a legal dispute between private parties. In his blog Douglas
Linder says, O.J was civilly liable, resulting responsible for the damage done to the
other party (Linder). As a result O.J was order to paid 30 million dollar to the victims
families. How can result two cases for the same crime? Depending in the case and the
involment of the parties a combination between civil law and criminal law can occur.
Criminal and civil law are not mutually exclusive both can be used for a single event.
The Merriam Webster dictionary defines criminal law as a body of rules which
the State imposes upon individuals for the protection of other individuals and to restrain
antisocial behavior. Criminal law covers such crimes as theft and fraud. Prosecution of
the accused is at the instance of the State and could result in imprisonment or fines as a
punishment if the accused is found guilty (Webster dictionary). In her business class Dr.
Anne Delaney define criminal law as a claim instituted by the government against a
person for the commission of a wrongful action in order to protect society (Delaney).
Civil law is a body of rules that defines and protects the private rights of citizens, offers

legal remedies that may be sought in a dispute, and covers areas of law such as
contracts, torts, property and family law (Merriam Webster Dictionary). Civil law is
derived from the laws of ancient Rome which used doctrines to develop a code that
determined how legal issues would be decided. Dr. Delaney defined civil law as a claim
instituted by a person against a another person for the commission of a wrongful action
(Delaney)
In civil law, a private party files the lawsuit and becomes the plaintiff. In
criminal law, the litigation is always filed by the government, who is called the
prosecution. In more adequate explanations, the parties in a criminal law case are the
defendant, victim and the government. The Defendant is the person who commit the
wrongful action against who the claim is made. The victim is the person who suffers the
wrongfull action. And the government makes the claim against on behalf of society
(Delaney). And in a civil law case the parties are the plaintiff and the defendant. The
defendant is the person who commit the wrongful action against who the claim is made.
The plaintiff is the person who suffers the wrongful action and makes the claim against
the defendant.
The supreme court of Australia explain that in a Civil law case the judge must
decide the case on the evidence and according to the law, and will decide what remedies
the successful party should have. Usually the unsuccessful party is ordered to pay all
costs.

But in a criminal law case after all the evidence has been presented, the

prosecution and the defendant review their cases in final addresses to the jury (Supreme
Court). The jury consider the evidence to reach a verdict. If the jury's verdict is not
guilty, the accused is said to have been acquitted and is usually free to leave the court
(Supreme Court). If the jury's verdict is guilty, the accused is said to have been
convicted. To reach a verdict of guilty, the jury must find that the prosecution case in

respect of a particular charge has been proved beyond the reasonable doubt. In a
criminal law case when the government proves that the defendant committed the
wrongfull action, the final verdict is Guilty. And not guilty when the government does
not prove that the defendant committed the wrongful action. (Delaney).
In the article of Canadian Association says that in a criminal law case the charge
of a crime or the outcome is not always as simple or straightforward as guilty or not
guilty. Depending on the charge, there are several possible resolutions that range in
severity. But in civil law cases the courts may eliminate a case, or if it is found to have
merit (cscja). The most common outcomes in criminal law cases are Fines, license
suspension, community service, death, house arrest, distance restriction, among others.
On the other hand in civil law cases the outcomes turns in legal remedy money and
equitable remedies. In Legal Remedies money is when the defendant has to pay an
amount of money in order to compensate the damage or the injury caused to the
plaintiff. Equitable remedies is when money is not adequate to remedy the injury. There
are three possible options when money is not adequate, the first one is a specific
performance and happens when the court orders the defendant to perform an obligation.
An injunction when the court cancels a contract obligation, and a Rescissim (Delaney).
In his article, Ronald B.standler In criminal litigation, he explains that burden of
proof is always on the state. The state must prove that the defendant is guilty. The
defendant is assumed to be innocent; the defendant needs to prove nothing. However,
there are exceptions. If the defendant wishes to claim that he or she is insane, and
therefore not guilty, the defendant bears the burden of proving his/her insanity
(Standler). The burden of proof is initially on the plaintiff. However, there is a number
of technical situations in which the burden shifts to the defendant. For instance, when
the plaintiff has made a prima facie case, the burden shifts to the defendant to refute or

rebut the plaintiff's evidence (Standler). In a criminal law case, the burden of proof is
beyond the reasonable doubt this means that the jury should be 100% of the verdict
given. And in a civil law case the burder of proof is the preponderance of the evidence,
and means more likely than not, in this case the jury can stay with some doubt but it has
to be with more than 50% sure of the decision (Delaney).
Depending on the charge, there are several possible resolutions that range in
severity. For example Jail, Probation even death penalty. But in civil law cases the
courts may eliminate a case, or if it is found to have merit, the courts may order the
mislaying party to take remedial action. Although the usual outcome is an order to pay
money, damages the award is designed to make up for the harm inflicted.

Workcites
Ciminal and Civil Law in the Usa. N.p., 19 Oct. 2002. Web. 7 Sept. 2016.
<http://www.rbs2.com/cc.htm>.
Http://www.merriam-webster.com/dictionary/criminal%20law. N.p., n.d. Web. 7 Sept.
2016. <http://www.merriam-webster.com/dictionary/criminal%20law>.
"Criminal and Civil Law." Criminal and Civil Law. N.p., n.d. Web. 16 Sept. 2016.
<http://www.cscja-acjcs.ca/criminal_civil_law-en.asp?l=4>.
Linder, Douglas O. "The Trial of O. J. Simpson." The Trial of O. J. Simpson. N.p., n.d.
Web. 22 Sept. 2016.
<http://law2.umkc.edu/faculty/projects/ftrials/Simpson/simpson.htm>.