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Free «Civil case» Essay Sample

A civil case is a suit lodged in a court of law, resulting from a conflict between two civilians. On most occasions, the complaints are filed against torts perpetrated by the accused, which have negatively affected the plaintiff. In such situations, retribution is often meted out by the court; although, some cases have been settled outside judicial premises. It should be noted that these offences are not punishable by incarceration or payment of fines; rather defendants are ordered to reimburse their accusers whatever amount the court deems fit. In addition, innocence or guilt is relative and depends on the number of points presented for and against the defendant by the accuser. There exists a general feeling that these offences infringe on the defendant only. It should be noted that the state plays no part in prosecuting such offences. An example of a civil case is the ongoing divorce between Eva Longoria and Mr. Anthony Parker. In her suit, Mrs. Parker alleges that her husband is blameworthy of infidelity (Everett, 2010). It is apparent that this infringement affects her alone and not the society as a whole. This implies adequate compensation for her only if the husband is found to be culpable. In addition, she catered for her own legal team as did the husband.

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This refers to offences lodged in a court of law that are punishable by the incarceration of the defendants. Since heavy penalties are often imposed, it is mandatory for the prosecution to prove beyond any reasonable doubt that the accused is guilty of the tabled charges. In such cases, the state assumes all prosecutors responsibilities and furnishes the defendant with legal representation incase he cannot afford the services. Other than incarceration, hefty fines may be imposed, or a combination of both fines and jail sentences depending on the gravity of the offence. They are categorized as misdemeanors or felonies, where the former may be punished with a jail term exceeding a year, while the latter attracts a lesser sentence or alternative punishment. There is a general belief that the effect of these crimes is felt across the entire society. An example of this offence is abduction. As reported by San Diego news, young Amber Dubois was abducted February 13, 2009 on her way to the classroom (Gilchrist, 2010). To date she is still missing. In such a case, it becomes an infringement against the society, since the family, friends, teachers and fellow students are traumatized by the loss. In addition, explicit laws that have been created by the state forbidding abduction exist, hence allowing the state to prosecute in such an instance.

 
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