CR stands for criminal case; CV - civil case; what SCD stands for????
Sexual Criminal Deviation
Can you get a criminal record in a civil case?
I did something horrible where i gave discounts to friends at my job and i was caught. The company told me that as long that i paid for the damages that i cause they will not sued or charge any criminal offense to me. Because i knew i was wrong and was afraid to get a criminal record i agree to paid the damages. They also signed a letter for me to guarantee that there will be no fine or charges against me. I paid everything and of course never step foot into their company ever again. But a month later, they send a letter from "a third party" telling me to paid yet another amount and saying that if i refuse to paid they would sued me and i will ended up paying them more if we go to court. I found this very unjust because i tried to start a new leaf in my life and than they sent a letter telling me to pay more. I already paid more than enough to them and yet they want more. I want to counterattack them for violating the agreement they gave to begin with saying as long i paid them they would not charge me. Basically i want to go into a civil case about this but im worried that when the judge found out what i did to them , the judge would give me a criminal record. Can i really get one if i bring this to court?
Is Section 420 a criminal or a civil case? Why?
Section 420 of IPC Indian penal code is a criminal and non bailable act but it depends on documentary bases. If some one forge you knowning that it is forging than this act apply. And if it proves than severe punishment will apply for more than 10 years of imprison.Vaibhav
Can civil case and criminal case go side by side?
Yes one can initiate both Civil and Criminal proceedings simultaneously in same matter. The best example of this is Defamation. Recently Mr. Arun Jaitley filled a civil suit for Damages for Defamation (Torts) in Patiala House Court Against Arvind Kejriwal & Others for Defaming his (Mr. Jaitley's) image. Simultaneously he filled a Criminal Defamation case in Delhi High Court under Section 499/500 of IPC in the same matter against the same parties. Hence it is clear that Yes Civil and Criminal Case go side by side.Hope it was helpful.Thank You,Deepak Joshi-Click to stay connected
What are the differences between civil and criminal cases?
Firstly, let us understand the philosophy of law. A crime is considered as the crime against the entire society where as a civil wrong is a wrong vis - a -vis another individual. Civil case - Illustration - A sells inferior quality goods to B. This is a wrong against B. B can sue A for compensation. B will do so personally with the help of his own lawyer. This will be a civil suit. Criminal case - Illustraion - A murders B. Crime is against the entire society. Never against just the victim. So, there will be a police investigation. It will be the Prosecutor (The government) which will charge the Accused and the victim shall not get to appoint a lawyer of his choice. It will be the government's lawyer who will fight it. The name of the case itself will give you a clue. A civil case will be -Mr. A v/s Mr. B. A criminal case will necessarily be- State of Maharashtra v/s Ajmal Kasab. So, the reason why 'State of Maharashtra' comes into picture is because a crime is always considered as a crime against the entire society. (There are private criminal cases too. But I am not including that here in order to not complicate.)Punishment / CompensationYes, you know this already. The prayer of a civil case may be monetary compensation or other things. But not a jail term. The prayer of a criminal case would be a jail term/ punishment. Burden of Proof - Burden of proof is the obligation to prove in the court of law. A general principal of evidence law is 'you will have to prove whatever you allege'. So, whoever says whatever, will have to prove it. In a civil case, the burden keeps of shifting. For instance - A sues B for breach of contract. A's burden is to prove how B breached the contract. Once A presents his case, the burden will shift to B to show how he didn't breach the contract. So, the burden shifts. In a criminal case, the entire burden to prove beyond all reasonable doubts that the Accused has committed the crime rests on the Prosecution. The accused is presumed innocent until proven guilty. If there is a benefit of doubt, that will always be extended to the Accused.If you found this answer informative, you can follow my blog about Indian laws - Blawgniti
What is the difference between a civil case and a criminal case?
In a civil case you "bring suit" against another party or parties--you can sue for damages, or you can occasionally sue to make someone do something or stop them from doing something. In order to win a civil case for money, you must prove that the other party owes you the money by a "preponderance of the evidence" (this means the jury thinks it is more likely than not that they owe you the money). A criminal case is brought, not by an individual, but by the government in order to punish a criminal. The government must show "beyond a reasonable doubt" that the person accused committed the crime (think of it as being 99%+ sure.).
Can a civil and criminal case be tried together?
No, but a simple “no” is a misleading answer. In the U.S., it’s important to distinguish between two different kinds of civil/criminal combos:Civil/criminal combos where the civil plaintiff and the criminal prosecutor are the same entity; andCivil/criminal combos where the civil plaintiff and the criminal prosecutor are different entities.The second scenario I mentioned — the civil plaintiff and the criminal prosecutor are two different entities — is the easier one to unpack, so I’ll talk about that one first.Let’s suppose that Daphne Defendant mugged Vicky Victim.The state prosecutes Daphne for violating the criminal laws.Vicky brings a separate civil lawsuit against Daphne.In this case, the civil action and the criminal prosecution would be completely separate. They would be filed separately. They would have different parties and different lawyers. They could be filed in different courts and presided over by different judges.The first scenario I mentioned — the civil plaintiff and the criminal prosecutor are the same entity — is the one that gets fun.Let’s suppose that Drusilla Drugdealer sold several million dollars’ worth of heroin, and then used the proceeds of that sale to buy a mansion, a yacht, and three live porcupines.The federal government prosecutes Drusilla for violating the criminal laws.The federal government also files a forfeiture action against the mansion, the yacht, and the porcupines, alleging that they are the proceeds of drug dealing.In this case, the civil action and the criminal prosecution would be filed separately, but would be brought as related cases. The two actions would be filed in the same court, probably on the same day, and would be presided over by the same judge. The same Assistant United States Attorney would be counsel of record in both cases. The criminal prosecution and the civil forfeiture action would be coordinated, even though the cases were filed separately.Nominally, the defendants in the cases would be different. The criminal prosecution would name Drusilla Drugdealer as the party defendant. That case would be styled “U.S. vs Drusilla.” The civil forfeiture action would name Drusilla’s ill-gotten gains as the parties defendant. The civil forfeiture action would be styled “U.S. vs Mansion, Yacht, and Porcupines,” but Drusilla would be the real party in interest.Here’s an example of how the civil complaint might look:
What are 5 similarities of criminal and civil cases?
1. They both involve a judicial officer of the state sitting in judgment. 2. They both require the person moving the court for an order (prosecutor in criminal cases, plaintiff in civil) to prove to the relevant standard of proof 3. They both do not permit leading questions when examining one's own called witness (examination in chief) and permit leading questions when examining the other side's witness (cross examination) 4. They both proceed by hearing each party on each point as to 1. evidence, and 2. law 5. They both end with an order of the court.
Is physical injury case a civil or criminal case?
The information you've set forth can form the basis of both a criminal proceeding and a civil proceeding. The facts, as I understand them, constitute an assault and battery. This is a crime. Depending upon the severity of the injury, the circumstances surrounding the attack, and the jurisdiction, it could be either a misdemeanor or a felony. To start the ball rolling on this criminal matter, the victim should contact the police and/or the prosecutor's office to file a complaint. The attacker may be arrested and the criminal proceeding will have started. In a criminal proceeding it is "the State" against the attacker and as such the victim does not retain his own attorney. This can also give rise to a civil action. the victim can sue to be compenated for his injuries, including expenses for medical treatment, lost earnings, pain, suffering, embarassment, loss of enjoyment, disability, etc. In a civil action, the victim is suing the attacker and usually will retain a lawyer to represent him and bring the law suit. This is a good idea as to maximize the recovery, you may want to bring in expert medical testimony to prove the nature and extent and permanent effects of any physical and/or emotional injury. Most attorneys will accept these cases on a contingency basis, which means you do not pay an hourly fee, but they get paid based upon how well they do for you in the case. As an example of the fact that there are two cases, I refer you to the OJ Simpson case. he was charged in criminal court with murdering his ex-wife and another person. He was acquited, as he was found not guilty beyond a reasonable doubt. However, he was later sued and found liable to the families as it was found to be that a prepondernace of the evidence (more likely than not) showed that he committed this act and was thus held civily responsible. (Please don't ask or argue the merits of that case, I only mention it as there was both a criminal and civil aspect and you may have read about it in the paper.)