Are Civil And Criminal Law Procedures The Same?
Civil and criminal law procedures are not the same type of proceeding. Civil law involves tort law, which is typically when one party is injured by the carelessness of another. For example, if a restaurant serves tainted food, the consumer can sue the restaurant for food poisoning. This is a civil case. Criminal law is where a law has been broken, and as a result of that broken law, an injury has occurred. A typical example of criminal law would be when someone is prosecuted for drunk driving or murder.
Can A Criminal Law Case Also Be Tried As A Civil Case?
Criminal cases can also end up in civil court, but for different reasons. A person that is being accused of a crime cannot be tried in civil court. However, if their actions also broke civil laws they can be sued in civil court for damages. A good example is a drunk driver that causes an accident. The state attorney will press criminal charges against the individual for driving while intoxicated which is against the law. However, the victim of the accident can sue the drunk driver and their insurance company in civil court for damages to their car a person.
Can A Person Be Charged For The Same Crime Under Criminal law And Tort Law?
A person can be face charges in both courts for the same crime, but for different reasons. If a restaurant, for example sells meat that it knows is bad, they can be sued in civil court by anyone suffering from this action. However, if the restaurant owner was selling that meat with the intent of making people sick from eating it, they could face criminal charges and go to jail.