Civil Law v. Criminal Law: Parties and Jurisdiction

Civil law is when one person sues another person. Think of any of the live court shows like Judge Judy or The People’s Court, where one person is making a claim about the other person. The person who initiates the suit is called the plaintiff. The other party defending themselves against the accusation is the… defendant. This can get complicated if there is more than one plaintiff; more than one defendant; the defendant countersues with their own claims against the plaintiff; a third-party defendant is implicated; etc. Furthermore, if the claim is for more than $75,000 and none of the plaintiffs are residents of the same state as any of the defendants, the suit can be heard in federal court under diversity jurisdiction. For instance, if there is a car accident in New Jersey between a New Jersey resident and a New York resident for the cost of medical bills exceeding $75,000 stemming from the accident, the federal civil court can hear the case. A corporation is a citizen of both its state of incorporation and its principal place of business.

Of course, the matter of jurisdiction and the authority of various civil courts to hear certain types of civil cases gets far more complicated than this. Issues of jurisdiction are at the heart of every court matter such as whether to sue in state court or federal court, which district should hear a case, and whether the matter can be brought to court at all. That is why if you are considering launching a lawsuit it is always best to speak with and be represented by an attorney. Attorneys are trained to be well versed in understanding jurisdictional issues and can help you navigate the legal and court systems to help you achieve the best result.

Jurisdiction is not usually an issue when it comes to criminal courts and criminal law. Criminal law is when the government charges, or sues, a person for violating a law. The government is represented by a prosecutor while the accused is called the defendant. Jurisdiction exists simply wherever the law that was broken applies. If a federal law was violated, the federal criminal courts have authority; if it was a state law, state criminal courts have jurisdiction. For instance, traffic violations are generally based on municipal law, which is why if a person violates the speed limit and gets a speeding ticket, they go to the municipal court not federal court.

Sometimes criminal law and civil law can overlap, and it can get confusing. For instance, many crimes can have a civil counterpart, and while you might be guilty in one instance you can be found innocent in the other. Famously, OJ Simpson was acquitted of murder in criminal court but found liable in a wrongful death lawsuit by a civil court. A person can be found guilty of the crime of fraud in a criminal court and go to jail, but also be found liable of fraud in a civil court and have to pay back the plaintiff(s). This has a lot to do with the burdens of proof required in the different courts and the penalties that can be imposed. These issues will be discussed next.