The table below summarises the key differences between civil and criminal law in tort:
Civil court | Criminal court | |
Opposition | Disputes between private parties | State against an individual |
Parties | Plaintiff vs Defendant | Prosecutor vs Defendant |
Outcomes | Liable / Not liable | Guilty / Not guilty |
Standard of proof | Preponderance (more likely than not accurate – more than 50%) | Beyond reasonable doubt |
Consequences (defendant) | Civil damages | Criminal penalties |
Penalties | Damages/ fines paid by defendant to plaintiff | Imprisonment, criminal fines paid to the government, even death |
Procedures | Civil procedure | Criminal procedure |