Summary of "Explained: Civil Law vs Criminal Law"

Summary of “Explained: Civil Law vs Criminal Law”

This video explains the fundamental differences between civil law and criminal law, focusing on key concepts, terminology, standards of proof, and examples illustrating how the two systems operate separately yet sometimes overlap.

Main Ideas and Concepts

Separation of Court Systems

Criminal court system and civil court system are completely separate.
Criminal courts handle criminal cases (e.g., murder, theft).
Civil courts handle business and personal disputes (e.g., lawsuits for damages).

Key Terminology

In criminal law, a person is found guilty or not guilty.
In civil law, a person is found liable or not liable.
Never say someone is “guilty” in a civil case; they are “liable.”

Standards of Proof

Criminal Law: “Beyond a reasonable doubt” — a very high standard, roughly 95% certainty required to convict. This high standard exists because criminal convictions can result in loss of liberty or life. If there is even a small reasonable doubt (e.g., 5-6%), the defendant must be acquitted.
Civil Law: “Preponderance of the evidence” — a much lower standard, just over 50% certainty (51%) needed to find liability. Civil cases usually involve monetary damages, not imprisonment or death.

Examples Illustrating Differences

OJ Simpson Case:
- Criminal court: Found not guilty due to reasonable doubt.
- Civil court: Found liable for wrongful death under the lower standard of proof.
- Resulted in financial penalties and asset protection strategies (e.g., moving to Florida to protect his home).
George Zimmerman Case:
- Criminal court: Acquitted due to reasonable doubt.
- Likely civil case filed by victim’s family to seek financial damages.

Relationship Between Criminal and Civil Law

Some cases overlap where the same incident can lead to both criminal and civil proceedings.
Civil suits often follow criminal trials, especially when criminal conviction is not achieved.

Why the Distinction Matters

Terminology and understanding standards of proof are crucial, especially in academic or legal contexts.
Misusing terms like “guilty” in civil cases is a common mistake.
Understanding these differences helps clarify outcomes and legal strategies.

Methodology / Key Points to Remember

Terminology:
- Criminal: Guilty / Not Guilty
- Civil: Liable / Not Liable
Standards of Proof:
- Criminal: Beyond a reasonable doubt (~95%)
- Civil: Preponderance of the evidence (~51%)
Implications:
- Criminal conviction = potential loss of liberty or life.
- Civil liability = financial penalties or damages.
Examples:
- OJ Simpson: Not guilty criminally, liable civilly.
- George Zimmerman: Not guilty criminally, possible civil liability.
Advice:
- Do not confuse criminal guilt with civil liability.
- Know which court system applies depending on the nature of the case.
- Understand that civil cases have a lower burden of proof and different consequences.

Speakers / Sources Featured

Primary Speaker: The video features a single instructor or legal educator explaining the distinctions between civil and criminal law. No other speakers or external sources are identified in the subtitles.