Assignment On

Comparative Analysis of Civil and Criminal Legal System

Course Code: LLB-201

Course Title: Legal System of Bangladesh

Submitted To`
Md. Rezaul Karim

Department of Law

Leading University

Submitted By
Pratim Das Badhan

Id:2014050005

Leading University

Department Of Law

Submission Date: 24 may, 2021

Introduction
Civil law and criminal law are two separate limbs of the legal system. Each one is broad, with its
own set of laws and punishments. There are several differences between criminal cases and civil
cases. Criminal cases aim to punish the offender, who has offended the state (or society). Civil
lawsuits, on the other hand, are filed to get the offender to make good the wrong they’ve done to
another individual. Civil cases may involve matters such as small claims, personal injury or
property damage. Criminal cases involve misdemeanors or felonies committed against the state.

Definition of Civil & Criminal Law

Criminal laws at the local, state and federal level define criminal activities and establish legal
punishments for those convicted of crimes like arson, assault and theft. Criminal law cases are
only conducted through the criminal court system.

In contrast, civil laws deal with the private rights of individuals. Civil laws are applied when an
individual has had his or her rights violated or when individuals have disputes with other
individuals or organizations. Some matters of civil law are handled outside a court of law, such
as through a third-party mediator. Alternatively, lawsuits may be resolved through a non-
criminal trial.

Burden of Proof
Significant distinction between civil and criminal cases is what it takes for a party to win a case.
In either trial, the accuser must meet a burden of proof—essentially an obligation to prove or
back up the claims being made. Criminal cases, and the serious penalties that can accompany
them, require a higher bar to be met than civil cases. In criminal law, the standard is that the
accused are guilty of committing a crime “Beyond a reasonable doubt.”

For civil cases, the burden of proof is lower—usually based on the “Preponderance of evidence”
or “Clear and convincing” standards. These different standards can seem a bit frustrating to those
who aren’t familiar with them. You’ve likely heard of criminal cases where the evidence makes
the accused seem like they’re probably guilty but they were not convicted. In these cases,
criminal defense attorneys worked to poke holes in the credibility of the evidence and witnesses
presented to create reasonable doubt among jurors.

The burden of proof lies with the government in order to prove that the defendant is guilty. On
the other hand, in case of civil law the burden of proof first lies with the plaintiff and then with
the defendant to refute the evidence provided by the plaintiffs. In case of civil litigation if the
judge or jury believes that there are more than 50% of the evidence favoring the plaintiffs, then
plaintiffs win, which is very low as compared to 99% proof for criminal law. In case of criminal
law, defendant is not declared guilty unless there are approximately more than 99% proofs
against him

Punishment
Important distinction between civil and criminal law is the type of penalty paid for being
found guilty. In a criminal case, if the individual charged with a crime loses the case, they’re
likely facing incarceration or some type of probation. For civil cases, the resolution to a case
doesn’t result in the “losing” party going to jail. Often the judgement results in a financial
penalty or an order to change behavior.

Civil suits are also often settled outside of the courtroom. This typically includes a substantial
payment to the accuser in exchange for the suit being dropped, and the defendant admitting to
limited or no wrongdoing.

In case of civil law the losing party has to reimburse the plaintiff, the amount of loss which is
determined by the judge and is called punitive damage. A criminal litigation is more serious
than civil litigation in that criminal defendants have more rights and protections than a civil
defendant.

The Way Of system works

The police and prosecutor are hired by the government to put the criminal law into effect. Public
funds are used to pay for these services. If suppose you are the victim of the crime, you report it
to the police and then it is their duty to investigate the matter and find the suspect. In most cases,
if a charge has been properly presented and if there is evidence supporting it, the Government,
not the person who complains of the incident, prosecutes it in the courts. This is called a system
of public prosecutions. On the other hand, civil law is about private disputes between individuals
or between an individual and an organization or between organizations. Civil law deals with the
harm, loss, or injury to one party or the other. A defendant in a civil case is found liable or not
liable for damages, while in a criminal case defendant may be found guilty or not.

Legal Penalties
In a criminal case, a judge sentences a defendant who is found guilty by a jury. The judge
must follow the sentencing guidelines established by current criminal law. Within those
sentencing guidelines, the judge has some discretion. Legal penalties in a criminal case may
include incarceration, probation and fines.
In a civil case, a defendant who is found liable for an act of wrongdoing can be ordered by the
jury to pay damages (financial compensation) to the plaintiff. Compensation can be awarded
for quantifiable losses such as medical bills, or for subjective losses such as pain and
suffering. Sometimes, a jury may award additional punitive damages.

Cases:
In civil law, a case commences when a complaint is filed by a party, which may be an
individual, an organization, a company or a corporation, against another party. The party
complaining is called the plaintiff and the party responding is called the defendant and the
process is called litigation. In civil litigation, the plaintiff is asking the court to order the
defendant to remedy a wrong, often in the form of monetary compensation to the plaintiff. In
contrast, in criminal law, the case is filed by the government, usually referred to as the State
and represented by a prosecutor, against a defendant. An individual can never file criminal
charges against another person: an individual may report a crime, but only the government can
file criminal charges in court. Crimes are activities punishable by the government and are
divided into two broad classes of seriousness: felonies having a possible sentence of more
than one year incarceration and misdemeanors having a possible sentence of one year or less
incarceration Cases.

Conclusion
Perhaps the most notable difference between the civil and criminal law is that with criminal
cases, a defendant is brought up on charges, while an individual files a lawsuit against another
individual/company in civil cases. Criminal offenses are harder to prove than civil cases;
however, the same conduct that leads to a criminal case can prove a civil case. If a criminal is not
found guilty beyond reasonable doubt in a criminal trial, they could still be proven guilty in a
civil case for the same conduct. The laws, proceedings, and punishments for criminal cases and
civil cases differ significantly.
References
1.Bachus & Schanker Law
2.“Civil Law vs Criminal Law.” (n.d.). Diffen.com. Diffen LLC.
3.Reuters, T. (2017). The differences between a criminal case and a civil case.
4. www. lawshelf.com
5. www.thecompletelawyer.com

Bibliography
Legal History and Legal System of Bangladesh
Writer: Ahamuduzzaman