Joe left the Late Night Club at approximately 4:00 a.m. He was quite drunk. Shortly after Joe started off in his vehicle, he was stopped by a highway patrolman. The highway patrolman administered a series of field sobriety tests. Joe failed each test. The highway patrolman then requested that Joe take a breath test. The test results revealed that Joe's blood-alcohol content was well in excess of the legal limit. The highway patrolman read Joe his Miranda rights and arrested Joe. After a trial, Joe was convicted of driving a motor vehicle while under the influence of alcohol, a crime under the state law.

Fact Scenario II

Lex hired Jack, a home improvement contractor, to perform certain home improvements. The parties' written agreement specified that Jack would complete the improvements within 30 days and specified the price payable by Lex. The contract also specified that Jack would complete the job in conformance with certain standards. Jack failed to complete the improvements within the 30 day period. Moreover, the work began by Jack was of poor quality. Eventually, Lex had to hire another contractor, at a higher price, to complete the home improvements. Lex filed a lawsuit against Jack on a theory of breach of contract and sought to recover monetary damages.

What is the difference between a civil case and a criminal case?

The purpose of a criminal case is to prosecute an individual for violating a law. Fact Scenario I, set forth above, is an example of a criminal case. A criminal case can only be brought by the federal or state government. On the federal level, the prosecuting attorney works for the Office of the United States Attorney, a part of the United States Department of Justice. On the state level, the prosecuting attorney works for the Office of the State's Attorney. A wide range of penalties is available in criminal cases, including incarceration. The parties in a criminal action are referred to as the government (either the name of a state or the United States) and the defendant.

A civil case, on the other hand, is quite different. Fact Scenario II, set forth above, is an example of a civil case. In a civil case, the party who initiates the action is not necessarily the government. A civil case may be initiated by the government, but it may also be initiated by a private party. Some areas of civil practice are: personal injury, medical malpractice, divorce, intellectual property, maritime, and sports/entertainment. The remedies sought in civil cases include monetary damages, as well as injunctive relief. The parties to a civil action are typically referred to as plaintiff and defendant.

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