CIVIL AND PUBLIC LAW

In Anglo-American law, the party bringing a criminal action is called the PROCECUTION, but the party bringing a civil action is the PLAINTIFF. In both kinds of action, the other party as known as the DEFENDANT. A criminal case against a person called Ms. Sanchez would be described as” The People vs (= versus, or against) Sanchez” in the United States and “R (Regina, that is, the Queen) vs Sanchez” in England. But a civil action between Ms. Sanchez and a Mr. Smith would be “Sanchez vs Smith” if it was started by Sanchez, and “Smith vs. Sanchez” if it was started by Mr. Smith.
Evidence from a criminal trial is not necessarily admissible as evidence in a civil action about the same matter. For example, the victim of a road accident does not directly benefit if the driver who injured him is found guilty of the crime of careless driving. He still has to prove his case in a civil action. In fact, he may be able to prove his civil case even when the driver is found not guilty in the criminal trial.
Once the plaintiff has shown that the defendant is liable, the main argument in a civil court is about the amount of money, or damages, which the defendant should pay to the plaintiff.
Nevertheless, there are many points of contract between criminal and civil law. In most countries if the loser of a civil case refuses to comply with the order made against him – for example, to pay money to the winner of the action- the procedures for forcing him to comply may result in a criminal prosecution. Disobeying any court may constitute criminal conduct, and the disobedient loser of a civil action ma find he or she not only has to pay the damages originally ordered by the court, but a criminal penalty as well.
Although the guilty defendant in a criminal cse will not automatically be found liable in a civil action about the same matter, his chances of avoiding civil liability are not good. This is because the standard of proof in the civil case is lower than in the criminal case. The plaintiff will therefore make sure any information about a relevant criminal case is passed to the civil court.
It is also possible in English law to bring a civil action against the police. Sometimes this is done by someone who was mistreated when questioned by the police about a criminal case.