How Are Criminal and Civil Jurisdiction Different?

Published on Sep 13, 2018 at 7:11 pm in Personal Injury.

When you have a personal injury case, you’re probably wondering how it’s going to be resolved. While most personal injury cases reach a settlement and don’t go to court, there may be some instances where this is necessary. Settlements only work if both sides agree on the final settlement. Factors like the time it takes for court cases to take place and the money it would cost to take a case to court are usually enough to encourage both sides to reach a settlement. However, there could be a situation where the defendant refuses to agree on a fair settlement.

You deserve to have fair compensation. Your personal injury lawyer may advise you to take your case to court. There is a new set of steps to take when you’re taking the case to court, and one of them is what kind of court your case will be resolved in. Criminal and civil jurisdictions are separate and have their own parameters for what they deal with. Your personal injury lawyer will know what court your case will be heard in and will be able to answer any questions or concerns that you have.

Prince Law Firm takes great pride in getting justice for our Illinois clients. We understand how daunting it can be to be facing a claim on your own. Your rights will be protected by our Marion, IL personal injury lawyers. You can give yourself peace of mind by hiring a skilled and experienced lawyer who has had successful cases similar to yours in the past. We will do everything possible to get you the compensation you need. If you have any questions, feel free to contact our offices today and schedule a free consultation to go over your case.

What Does Criminal Jurisdiction Cover?

Criminal cases are offenses that are considered to be against the state or society. They are held in courts that can sentence punishment, like prison time or fines. The three kinds of jurisdictions are at the federal level, state level, and concurrent level.

  • These courts have jurisdiction over federal offenses. This includes situations where crimes took place on government land, government ships, or if the crime extended over multiple states.
  • An offense against the state will fall under the state’s jurisdiction. Crimes that occurred in the state typically fall under this jurisdiction.
  • Sometimes there are situations where a case can be claimed by more than one court. This could be if there was a crime that took place on federal land and also on state land, giving the federal court and state court jurisdiction for the case. Usually, the first to come forward with the case and has arraigned the defendant gets jurisdiction.

One main distinction between a case under criminal jurisdiction and a case under civil jurisdiction is how the verdict is decided. Criminal courts typically have a judge and jury. The burden of proof to decide guilty has to be beyond a reasonable doubt. Civil courts usually have a judge and the burden of proof isn’t as high. Civil courts follow the preponderance of the evidence, which is what most likely happened given the evidence of the case.

While you may not think that your case could be under criminal jurisdiction, there are situations where it could be. For example, a car crash where the parties involved stop at the scene and exchange names and insurance information could possibly end up in civil court. But if you were a victim of a hit-and-run, that changes the nature of the crash. Hit-and-runs are where someone causes a car accident and then flees the scene. For repeat offenders, this could be a felony offense.

What Does Civil Jurisdiction Cover?

There are several ways for the courts to settle civil disputes. The type of court depends on the details of the case. The following are courts and their corresponding jurisdictions.

  • Unlimited Jurisdiction Courts: This type of court has jurisdiction over cases primarily dealing with large financial disputes. The amount of money or property value is higher than $25,000 in these cases.
  • Limited Jurisdiction Courts: In a limited jurisdiction court, the dollar amount or property value is not higher than $25,000.
  • Small Claims Courts: There are two major distinctions for jurisdiction in a small claims court. In these courts, attorneys do not represent the parties involved in the dispute. In addition, the dollar amount of the dispute isn’t over $10,000.

Knowing what kind of jurisdiction your case falls under will help you be more prepared for your case. You won’t go into the process wondering what’s happening and why. Your personal injury lawyer is there to explain every step of the way and help you get the compensation you deserve.



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