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civil vs criminal

What's the difference between civil and criminal? Here's the clear answer, with examples of each.

Quick answer

Civil cases are disputes between private parties, such as a contract or property claim, while criminal cases involve the state prosecuting someone accused of breaking the law. A useful hook: civil disputes are settled, criminal offences are punished.

The core difference

Civil concerns private disputes between citizens; criminal concerns offences against the law that the state prosecutes.

  • civil — relating to private disputes between citizens, as opposed to criminal law: She filed a civil lawsuit against her former landlord.
  • criminal — involving or relating to crime, or against the law: Fraud is a criminal offence.

How to tell them apart

Both words can describe a type of law or a type of case, so the confusion usually comes from context rather than spelling. Civil law deals with disagreements between individuals or organisations, such as a broken contract or an unpaid debt, and the outcome is usually compensation rather than punishment. Criminal law deals with acts the state itself prosecutes, such as theft or fraud, and the outcome can include fines or imprisonment.

A memory trick: think of civil as belonging to civilians settling matters between themselves, and criminal as belonging to crimes the state pursues on behalf of everyone. Note that civil also has an everyday sense meaning polite, as in keeping a discussion civil, which is unrelated to the legal meaning.

Frequently asked questions

Can the same act lead to both a civil and a criminal case?
Yes. The same incident, such as an assault, can result in a criminal prosecution by the state and a separate civil claim for damages brought by the victim.
Who brings a civil case compared with a criminal case?
A civil case is usually brought by one private party against another, while a criminal case is brought by the state or Crown against the accused.
Does civil always mean legal?
No. Civil can also simply mean polite or courteous, as in staying civil during an argument, which has nothing to do with law.