The Differences Between Criminal and Civil Litigation

 Litigation is the formal process of taking legal action against someone. That means the whole process is based on a “fight” of one side against the other. There are several stages involved in litigation - from pleadings and discovery to the trial with a judge and a decision, and sometimes an appeal.

When appealing, the case goes to a higher Court. It can go to a provincial-level Court of appeals or a federal one such as the Federal Court of Appeals. The Supreme Court is always the final decision-maker and can hear appeals from all areas of law.

However, there are differences between criminal and civil litigation, and on the following topics, we will look over them to better clarify what they mean.

What is Civil Litigation? 

Civil Litigation Lawyer Calgary cases can be about any conflict that arises between two parties. It can include contract violations, damages to property, personal injury, employment issues, and more. An experienced Lawyers in Calgaryr will support you in those cases by addressing your case specifically and it's needs. A lawyer will not just defend your rights at trial, but also take care of all processes during the different stages of litigation.

In civil litigation, cases are decided upon the “burden of proof”. That is the probability that one side was in fact damaged by the other. Some cases are simpler, but others can become quite complex and take a long while to be solved. A judge will need to balance the evidence brought up and determine how likely it is for one of the parties to have caused what the other is implying after hearing testimony from both the plaintiff and the defendant. Normally, the damaged party will receive compensation in the form of monetary damages - they will receive an amount of money as compensation. In some situations, however, the losing party may need to behave in a particular way or the Court may order a “specific performance.” 

While every province is different, the practices do not vary too much. To make sure that you are being defended in the best capacities, always hire an experienced lawyer you trust.

What is Criminal Litigation? 

Criminal litigation is slightly different. Rather than having two opposing sides due to a conflict, it is actually the State that will start the prosecution due to the nature of the conflict being a crime against society itself.

Criminal offences are ruled by the Criminal Code or other federal laws. There are summary conviction offences that are minor such as disturbance, and indictable offences which are the more serious ones, which include theft and murder. Someone who is being charged with a criminal offence is called an accused and is innocent until proven guilty.

One of the most important differences between civil and criminal litigation is the “burden of proof”. In civil litigation, a judge will balance the probabilities of what is most likely to be true. In criminal litigation, on the other hand, an accused must be proven guilty beyond a reasonable doubt. Furthermore, if any evidence was obtained in a way that violates the accused rights, then a judge may refuse to use the evidence.

Litigation can always be extremely stressful - especially if it is a criminal offence. In any situation having an experienced lawyer with you is in your best interests to protect your rights.

While not so different from each other, the degree of their severity is highly different and can bring much different outcomes and compensations.

In short, civil litigation is when two different parties encounter a conflict and need it resolved, compensation normally comes in the form of payments. Criminal litigation is when the State prosecutes the accused due to a crime against society, depending on the severity of the crime they can go arrested for several years and live with the stigma of being a convicted criminal.