Know the Difference Between Criminal and Civil Law
Criminal Law
When paralegals come to the task of having to familiarize themselves with criminal law, there are two important aspects they must work hard to become quite knowledgeable in. These include the various categories that crimes are subdivided into as well as the vital process of establishing a prima facie case within the confines of criminal law.
The main classification that crimes comprise are that of felonies, misdemeanors, and infraction, which range from most serious to least. One of the most significant aspects that determines placing into a specific category is that of the punishment incurred according to the crime.
White collar crime also represents a rising area of criminal law that, though seemingly less horrifying to some in comparison to crimes such as murder and rape, does acquire the label, in most cases as a felony. Prior to even asserting conviction according to the classification of crime, however, it is necessary to maintain the existence of a prima facie case as touched upon earlier. In such a way, the plaintiff, usually represented by the state or other entity, must provide the basis for which facts presented would be deemed viable for further legal action. Evidence must be presented and its legitimacy proved.
Civil Law
Within civil law, paralegals must be cognizant of a number of areas of concern. Along with its concentration being placed on the relations between individuals and their personal dealings, there are couple of aspects that must be maintained in ones consciousness when dealing with civil litigation.
When approaching or proceeding with the desire for such legal proceedings, one must first be quite aware of the following aspects: the establishment of a prima facie case, torts, defenses, and finally, the consequences of damages. In reference to establishing a prima facie case, civil law requires that the actual lay person plaintiff possess the "burden of proof".
According to this prescribed way of pursuing such court proceedings, the accusing party will have to provide enough evidence in fact in order to guarantee that the case be furthered to its conclusion. During the actual hearing, the court will expect that the defendant have for themselves defenses in order to assure that due process is existent. Such defenses allow for the defendant to adequately participate in such proceedings.
They serve in attempts to disprove allegations put forth against them by the plaintiff. Such a defense that may be employed by the defendant is that of an affirmative defense. This presentation of new facts to the case may work towards allowing the defense to decrease the harshness of the claims against them. When approaching the finality of a case, it is often expected, barring any overwhelming defense by the opposing party, that damages be ruled by the court in favor of the plaintiff.
These damages usually represent monetary considerations that the court will order with the express purpose of recovery for the plaintiff. Two areas of concern that may be pursued within the realm of civil law are those of contracts and property. In terms of contract law, the court will usually rule in favor of the party who has fulfilled contract terms with the goal of either contributing to the whole completion on the part of the opposing party, or the ordering of that aforementioned party to complete it on their own.
Property law, represents the distinction between liability attached to both tangible and intangible items. Property rights, which are attached, then, become the basis for which civil litigation may be imposed.
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