Final answer:
The main difference between civil and criminal litigation lies in the parties involved and the nature of the consequences faced. Civil litigation is a dispute between private parties, typically over money or property, while criminal litigation involves the government prosecuting violations of law, with liberty at stake. The litigation type dictates the burden of proof required and potential outcomes. Therefore the correct answer is A) Civil litigation involves disputes between private parties, while criminal litigation involves offenses against the state or society.
Step-by-step explanation:
The difference between civil litigation and criminal litigation is primarily centered around who is involved in the dispute and the consequences of the litigation. Answer A is correct: Civil litigation involves disputes between private parties, whereas criminal litigation pertains to offenses against the state or society. In criminal cases, a person risks losing their liberty and potentially facing severe penalties such as jail time or even the death penalty, with the requirement of proof being 'beyond a reasonable doubt.' In contrast, civil cases typically involve parties seeking monetary compensation or specific performance and are decided based on a 'preponderance of the evidence.'
Both civil and criminal trials can be heard by a jury, although this right can be waived, leading to a bench trial where a judge makes the ultimate decision. The type of trial, whether by jury or bench, is not an inherent distinction between civil and criminal litigation, so options C and D are not accurate statements.
It's also important to note that state courts handle the majority of both civil and criminal cases, but the federal courts will take certain cases involving issues such as federal law, interstate commerce, or controversies that cross state or international boundaries.