Civil Procedure V. Criminal Procedure
Civil Procedure v. Criminal Procedure
Nathan McNeil
ENC 1102 34
Week 11
Individual Work
Civil Procedure v. Criminal Procedure Civil procedure relates to the process where two parties bring a case to the court for a decision on a particular problem. These problems can include but are not limited to divorces, estate distribution, work men’s comp., injury cases, or even matters such as discrimination in the workplace. Criminal procedure applies to the process where the state or federal government is charging and trying someone for a crime that was committed (Civil Procedure, 2012). The rules in civil procedure are different than those in criminal procedure because the actions that need to be taken are different.
Firstly, civil procedure requires that a civil case must begin by filing a complaint. The complaint is then, served to the offending party. Once the defending party receives the complaint, they then drafts and files an answer with the court. A party in a civil case can be anyone including people, businesses, and government personnel. When the parties go in front of the court in a civil case, it is to determine whether a person was injured and if they were injured, how much should be compensated for that injury. All of this information pertaining to the civil case is specifically drafted into the court documents (American Bar, 2012).
Civil cases, also, have some Constitutional protection in place. For example, the parties involved in a case must file and receive consent of the court to start the discovery process. During the discovery process, the parties are free to investigate each other’s belongings and property plus any other information, so that they can gain access to necessary evidence for their case. Although, if the parties search an area that was not in the discovery documents, that piece of evidence will not be considered in court because they do not have consent on it (Farlox, 2012).
Lastly, civil procedure dictates all the motions,
Nathan McNeil
ENC 1102 34
Week 11
Individual Work
Civil Procedure v. Criminal Procedure Civil procedure relates to the process where two parties bring a case to the court for a decision on a particular problem. These problems can include but are not limited to divorces, estate distribution, work men’s comp., injury cases, or even matters such as discrimination in the workplace. Criminal procedure applies to the process where the state or federal government is charging and trying someone for a crime that was committed (Civil Procedure, 2012). The rules in civil procedure are different than those in criminal procedure because the actions that need to be taken are different.
Firstly, civil procedure requires that a civil case must begin by filing a complaint. The complaint is then, served to the offending party. Once the defending party receives the complaint, they then drafts and files an answer with the court. A party in a civil case can be anyone including people, businesses, and government personnel. When the parties go in front of the court in a civil case, it is to determine whether a person was injured and if they were injured, how much should be compensated for that injury. All of this information pertaining to the civil case is specifically drafted into the court documents (American Bar, 2012).
Civil cases, also, have some Constitutional protection in place. For example, the parties involved in a case must file and receive consent of the court to start the discovery process. During the discovery process, the parties are free to investigate each other’s belongings and property plus any other information, so that they can gain access to necessary evidence for their case. Although, if the parties search an area that was not in the discovery documents, that piece of evidence will not be considered in court because they do not have consent on it (Farlox, 2012).
Lastly, civil procedure dictates all the motions,