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 a legal action to protect his or her interests or collect money damages. The person claiming relief is called a plaintiff, petitioner, or complainant. The person against whom relief is sought is called a defendant or respondent. In a criminal case, the federal, state, or municipal government brings the action in the name of its citizens against a defendant who has been accused of committing a crime. Thus, criminal cases are prosecuted on behalf of the people of the State of Tennessee or all U.S. citizens for example. The people are represented by a prosecuting attorney such as the local county District Attorney General, the Attorney General for the State of Tennessee, or the United States Attorney General.

In a criminal case, the defendant is charged with a crime against society such as murder, burglary, robbery, or theft. The legal action is initiated by the prosecutor who decides whether to bring charges and what charges to bring. In a criminal trial, a prosecutor must prove the defendant's guilt 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 individual who feels wronged or injured (the plaintiff) who decides whether to file a civil suit. When damages are sought, the plaintiff decides how much to demand in damages, although the judge or jury will decide whether and how much a plaintiff can recover. In a civil case, the plaintiff cannot seek to have a defendant jailed unless the defendant has violated a court order.

In a civil case, anyone with knowledge of facts relevant to the case may generally be required to testify as a witness in court, and any witness has a right to appear with an attorney. In a criminal case, the defendant is not required to testify but still has the right to legal counsel. Even if the police or sheriff merely want to question someone before any criminal charges are filed, that person has the right to consult with an attorney before speaking to the police. If he or she cannot afford an attorney, the court will appoint one free of charge except in the case of certain minor offenses such as traffic violations when the prosecutor is not seeking time in jail as punishment.

If you are involved in either a civil or criminal case, make sure you obtain legal advice. Do not hesitate to contact an attorney when you need professional help.

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.