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Difference between criminal law and torts law?
I know that a tort law is civil wrong doing and more personal and a criminal law crimes committed against society but can some cases fall under both? for example, stabbing someone with a knife in public during an argument, if the victim decides to sue for compensation wouldn't that fall under torts too as well a criminal law? Can someone please break this down in a way I would understand
2 Answers
- YetiLv 74 years agoFavorite Answer
The same incident can result in both civil and criminal actions.
The criminal action comes from the state. The punishment commonly is jail time. It goes through the criminal system and processes. (Police, arraignment, right to an attorney, has to be proven beyond a reasonable doubt, etc.)
The civil action comes from the victim. The result commonly is financial compensation. It goes through the civil system. (Suing for damages, no right to an attorney, has to be proven by a preponderance of the evidence, etc.)
- John de WittLv 74 years ago
Of course. Perhaps the most (in)famous example might be that O J Simpson was acquitted in criminal court of the murder of Nicole Brown Simpson and Ron Goldman, under the rule of "beyond a reasonable doubt," but lost the civil case alleging wrongful death under the "preponderance of evidence" rules in tort law.
