The thin lining between civil and criminal court filings is one of the most crucial aspects of the New Jersey legal system to consider and comprehend. Both are equally important legal battles, although they differ significantly in terms of the case’s nature, the filing procedure, and the possible results. In this blog, let’s make you a little aware of the nature and scope of the two distinct court filings!
Civil Court Documents
In New Jersey, civil cases usually involve disagreements between individuals, businesses, or organizations. Contract disputes, landlord-tenant conflicts, property damage claims, personal injury cases, and family law concerns like divorce or child custody are a few examples of these instances.
When one party, the plaintiff, files a complaint against another, the defendant, to obtain a legal remedy—typically monetary compensation or a court order—a civil court filing gets underway. The Superior Court of New Jersey’s Law Division, Civil Part, or the Special Civil Part for minor claims, is where civil proceedings are typically heard. Crucially, the plaintiff has the burden of proof, which is predicated on the “preponderance of the evidence,” which indicates that the allegation is more likely than not genuine.
Filings in Criminal Courts
Contrarily, criminal trials involve acts that are deemed crimes against the state or society, even when the direct victim is a person. These can include significant indictable crimes like theft, assault, or drug charges, as well as offenses involving disorderly conduct.
Following a police investigation or arrest, the State of New Jersey, usually through a prosecutor, initiates criminal filings. For less serious violations, these cases go to the Municipal Court; for more serious ones, they go to the Superior Court’s Criminal Division. Because criminal trials carry the possibility of harsh punishments, such as incarceration, the standard of proof is significantly higher—”beyond a reasonable doubt.”
The Significance of It
Knowing if a case is criminal or civil is crucial because it affects the court system, your rights, and the potential results. To safeguard your interests, you must consult a knowledgeable New Jersey lawyer(and who better than Ameriserve LLC) if you are unclear about the filing type or how to react. We are here to guide you through it all!
