The American legal system consists of both criminal claims and civil
claims. Criminal (and quasi criminal) claims are usually (but not always)
brought by a government prosecutor. The government seeks to punish and
deter bad behavior committed by people or entities. Although a crime
is committed against a person or group of people, it is the government
that prosecutes the action against the accused wrongdoer because the
legislature sees crimes as offenses against all of us. Punishment can
occur in many ways including loss of liberty, loss of privileges and/or
monetary penalties. Because criminal punishment can result in the loss
of personal liberties, the burden of proof is higher than in a civil
case. To find someone guilty of a crime, a judge or jury must find evidence
to prove the defendant guilty "beyond a reasonable doubt."
The amount and severity of the punishment are determined by the legislature,
by statute, usually with some room for discretion to be exercised by
either the judge or jury hearing the case.
Civil case law involves disputes between individuals and entities.
The focus of a civil action is usually establishing a monetary value
(damages) commensurate with the loss suffered. Sometimes plaintiffs
(the one who sues) ask for what is called injunctive relief, that is,
an order forcing a change in a defendant's behavior. Because civil cases
are compensated with money, which we, as a society, hold less precious
than freedom, the burden of proof which the plaintiff must establish
to win is lower than in a criminal case.
Whether a criminal matter or civil, lawsuits are presented in court
according to a system of rules and standards by which the admission
of proof at the trial is regulated. The important facts in the dispute
are determined by proof. Proof includes testimony, writings, physical
objects, and anything else presented to the jurors or judge.
