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What is the main difference between civil law and criminal law in the U.S. legal system?

A) Civil law deals with disputes between private parties, while criminal law deals with offenses against the public order.

B) Civil law is based on statutes and codes, while criminal law is based on common law and precedents.

C) Civil law is enforced by private attorneys and civil courts, while criminal law is enforced by public prosecutors and criminal courts.

D) All of the above.

1 Answer

5 votes

Final answer:

The main difference between civil law and criminal law in the U.S. is that civil law involves disputes between private parties over harm or injury, while criminal law pertains to offenses against public order. Civil cases are decided on the balance of probabilities, but criminal cases require proof beyond a reasonable doubt. Option A is the correct choice.

Step-by-step explanation:

The main difference between civil law and criminal law in the U.S. legal system is that civil law deals with disputes between private parties, while criminal law involves offenses against the public order. In criminal law, the government charges an individual with a crime which could be a felony or a misdemeanor, and conviction requires proof 'beyond a reasonable doubt'.

In civil law, one private party alleges harm by another, and the case can be won based on a 'preponderance of the evidence' which is a lower standard than in criminal cases. Civil law cases typically involve matters like personal injury, contract disputes, or real estate issues, whereas criminal law deals with conduct prohibited by law such as robbery, assault, or murder.

Both state and federal courts in the U.S. can hear matters involving civil and criminal law (option C), and the dual court system allows for cases to potentially be heard in both state and federal courts if they involve the U.S. Constitution or federal law.

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User Lamostreta
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