A civil case is a lawsuit between private parties, or between a person and the government, that seeks money damages or a court order rather than jail time. A criminal case is brought by the state to punish conduct that harms the public, and it can end in fines, probation, or imprisonment. The two systems use different parties, different rules, and different standards of proof.
What Is a Civil Case?
A civil case is a dispute between two or more parties over rights, money, or property. Civil cases can involve litigation, injuries, contracts, transactions, and more. Civil cases can involve litigation, injuries, contracts, transactions, and more. The person who files the lawsuit is the plaintiff, and the person or company being sued is the defendant. Instead of jail time, the usual remedy is money or a court order telling someone to do or stop doing something. The consequences of a criminal trial include jail time and fines, and the remedies in a civil trial are usually monetary damages or specific relief.
Civil cases cover a wide range of everyday legal problems, from a personal injury lawsuit after a car crash to a contract dispute between two businesses or an employee suing a former employer, as explained in this guide on how to sue your employer. Many civil matters never reach a courtroom at all. When you think of the term “civil case,” you might picture a lawsuit in court, but many civil matters don’t require court intervention, unlike criminal prosecutions.
Federal courts also hear a large share of civil disputes. Parties, including the federal government, can bring civil suits to federal courts, which hear violations of federal statutes and constitutional rights, as well as “diversity” cases where parties are from different states. The United States Courts system explains that the plaintiff, not the government, is the one who must prove the claim in these disputes.
What Is a Criminal Case?
A criminal case is brought by the government against a person accused of breaking a law that protects the public. In the justice system, the victim does not bring criminal charges against the suspect; the government prosecutes the crime on behalf of the state where the crime occurred, and a prosecutor represents the government and files these cases. That is why criminal case names typically read “State v. Defendant” or “United States v. Defendant” rather than naming the victim.
Because a criminal conviction can take away a person’s liberty, defendants get extra constitutional protections that do not exist in civil court. Criminal defendants have a constitutional right to a trial by jury, are entitled to an attorney and will be assigned a public defender if they cannot afford one, and more protections are afforded to defendants in a criminal trial. By contrast, civil defendants face a different set of rules. In a civil trial, constitutional due process rights don’t apply in the same way as in criminal court, defendants don’t have the same right to a speedy trial, and there is no bail or bond in a civil lawsuit.
Civil Case vs Criminal Case: What Are the Main Differences?
The clearest way to see the split is to line the two systems up side by side.
| Feature | Civil Case | Criminal Case |
|---|---|---|
| Who files it | A private person, business, or government agency (plaintiff) | A prosecutor on behalf of the state or federal government |
| Standard of proof | Preponderance of the evidence (more likely than not) | Beyond a reasonable doubt |
| What is at stake | Money damages or a court order | Fines, probation, or imprisonment |
| Right to a public defender | No | Yes, if the defendant cannot afford counsel |
| Example | A personal injury or breach of contract lawsuit | Theft, assault, or fraud prosecution |
Who Files the Case?
In a civil case, a private party (or sometimes a government agency acting like one) sues to recover money or force a change in behavior. In a criminal case, the government itself is the moving party. The plaintiff bears the burden of proof in a civil case, whereas the government does in a criminal case. That distinction shapes almost every other rule in the case, from who pays for the lawyers to what evidence rules apply.
What Standard of Proof Applies?
Standard of proof is the amount of certainty a judge or jury needs before ruling for one side. Civil cases use the lowest of the common standards. Preponderance refers to the evidentiary standard often necessary for a victory in a civil case, and proving a proposition by the preponderance of the evidence requires demonstrating that the proposition is more likely true than not true, a burden less demanding than the beyond a reasonable doubt standard required for a criminal conviction. The Cornell Law School Legal Information Institute puts this standard at roughly 51 percent certainty in most disputes.
Criminal cases sit at the opposite end of the scale. Proof beyond a reasonable doubt is the highest legal standard, and it is the standard the U.S. Constitution requires the government to meet to prove a defendant guilty of a crime, as the Supreme Court held in In re Winship, 397 U.S. 358 (1970). A smaller group of civil matters, such as fraud claims or cases that could strip someone of parental rights, use a middle standard. Clear and convincing evidence applies in select civil proceedings with unusually weighty consequences, often involving status, fraud, family integrity, or involuntary confinement. The Supreme Court defined that middle standard in Colorado v. New Mexico, 467 U.S. 310 (1984), describing it as requiring the fact to be “highly probable.”
What Happens If You Lose?
Losing a civil case almost never means jail. In the vast majority of civil cases, money is what’s at stake, while the stakes in a criminal trial often involve a defendant’s freedom, since the state is often attempting to remove an individual from society and strip him or her of many freedoms. That is one reason lawsuits over car crashes, workplace injuries, and consumer disputes, including the process described in this car accident lawsuit timeline guide, end in settlements or damage awards rather than criminal penalties.
Can One Incident Lead to Both a Civil Case and a Criminal Case?
Yes. The same set of facts can produce two separate cases running on two separate tracks, because a criminal acquittal does not bar a civil lawsuit over the same conduct. The clearest illustration remains the O.J. Simpson litigation. After Simpson was acquitted in the criminal trial, he faced a civil lawsuit for wrongful death brought by Ronald Goldman’s family, and in that civil case the court found Simpson liable based on a preponderance of the evidence, resulting in a judgment against him, which shows how the same set of facts can lead to different outcomes under different burdens of proof. A drunk driving case works the same way: a driver can be prosecuted criminally by the state and separately sued by an injured victim for damages, with each case judged by its own standard of proof.
Frequently Asked Questions
What is a civil case in simple terms?
A civil case is a lawsuit between private parties, or between a person and the government, that seeks money damages, a court order, or another remedy rather than jail time. It is decided under the preponderance of the evidence standard, meaning the plaintiff only has to show their claim is more likely true than not.
Can the same act lead to both a civil case and a criminal case?
Yes. The same conduct can trigger a criminal prosecution by the state and a separate civil lawsuit by a private party, because the two cases use different standards of proof and different goals. The O.J. Simpson case is a well known example, where a criminal acquittal was followed by a civil judgment for wrongful death based on a preponderance of the evidence.
What is the standard of proof in a civil case?
Most civil cases use the preponderance of the evidence standard, which means the party with the burden of proof must show it is more likely than not that their version of events is true. Some civil matters involving fraud, family status, or involuntary confinement use a higher standard called clear and convincing evidence.
Who has the burden of proof in a civil case versus a criminal case?
In a civil case, the plaintiff carries the burden of proving their claim. In a criminal case, the government, through a prosecutor, carries the burden of proving guilt beyond a reasonable doubt, and the defendant does not have to prove innocence.
This article provides general information about the US legal system and is not legal advice. Speak with a licensed attorney about the facts of your specific case.
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