Our legal system recognizes two different kinds of legal cases; civil and criminal. A civil case is one in which a person who has a complaint may bring legal action to protect his or her interest or collect damages. That person is called a plaintiff, petitioner or complainant. The other party, of course, is the defendant or the respondent.

In a criminal case it is the federal, state or local government which brings action against the defendant in the name of its citizens. Thus, the prosecution of criminal cases is done by the people of the State of Missouri or the City of St. Louis, Missouri, for instance. We're all U.S. citizens. The people are represented by a prosecutor such as a district attorney, the attorney general of the State of Missouri or the United States Attorney General. The accused, who is the defendant in the case, is charged with a crime against society, a violation of law such as murder, larceny, robbery or rape. In a criminal case, the legal action is initiated by the prosecutor. It is the prosecutor who decides whether to bring charges. The prosecutor must then prove the case beyond a reasonable doubt. While this does not mean proof beyond all possible doubt, it is a heavier burden of proof than required in civil cases.

In a civil case, it is the person who feels wronged who decides whether to take legal action. When damages are sought, the plaintiff decides how much to sue for. The plaintiff cannot, however, seek to have the defendant jailed unless the individual has violated a court order. In a civil case, anyone connected with the matter may be required to testify in court. Such a person has the right to appear with an attorney.

In a criminal case, the accused is not required to testify. Still, that person has the right to legal counsel. If he cannot afford an attorney, the court will provide one free of charge, except in the case of certain minor offenses such as traffic infractions. If you are involved in a civil or criminal case, make sure you obtain legal advice. Do not hesitate to contact an attorney when you need professional help.