Litigation Vs. Criminal Litigation

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Recommended: Differentiate between civil and criminal law

Civil Litigation vs Criminal Litigation There are differences between civil and criminal litigation. Civil litigation is a lawsuit that seeks reimbursement of monetary damages or equitable relief for harm caused to an individual or group. Criminal litigation occurs when there is an injustice against the “people of the State”. The Government files against a defendant who is alleged to have committed a crime. There are some situations where a case can have both civil and criminal litigation for example in a kidnapping or assault and battery where both a law is broken causing a criminal case and the victim may pursue relief for damages or injury with a civil case. The majority of cases are settled prior to the actual trial beginning with settlement …show more content…

With enough evidence to charge, the prosecuting attorney files the complaint, the initial appearance usually within 24 hours of arrest, Preliminary Hearing, formal charge/s by indictment issued by a grand jury or information or filed by prosecution without a grand jury review. Then, Arraignment, Discovery or information exchange, any pretrial motions are ruled on next. (These could be Motions to Dismiss, Suppress, Change Venue, or Motion in Limine). A Pretrial Conference follows – the judge and parties discuss any remaining motions or problems and the judge will set how the trial will …show more content…

Basically any disagreement that does not violate a criminal law is given jurisdiction in a Civil Court. To proceed to trial, after the demand letter, it is found that the dispute cannot be resolved with a mediator or an arbitrator or between the parties. Although a jury trial can be requested, civil cases can be a bench trial. Either side can request a jury trial. After the client/attorney consultation results with a legitimate cause of action, the retainer agreement accepted and representation is retained, the demand letter is sent, the attorney will then select the proper jurisdiction and venue. Prior to the trial starting the civil case could settle with a settlement achieved between the

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