A criminal law prohibits a certain kind of behavior and assigns a punishment to those who violate it. When a person is accused of violating this law, a trial is held to determine whether in fact he or she has done so. The judge in- structs the jury on the law bearing on the case. If the members of the jury then decide that the accused has violated the law, they find him or her guilty, and the judge usually hands down the punishment stated in the statute.
In a civil suit, one party sues another, say, for breach of contract. Because states have laws governing contracts, once more a trial is held to decide whether in fact there was a contract (instead of some other speech act) and whether in fact it was breached. If a breach of contract is found, the judge or jury awards damages as the law specifies.
Although questions of fact arise in all cases, criminal and civil cases do differ in the burden of proof—in who is required to establish the facts and to what degree of certainty. In a criminal procedure, the prosecution must es- tablish its case beyond a reasonable doubt. In a civil case, the burden of proof is less. Generally, the case is won by the party who shows that the preponder- ance of evidence favors his or her side of the case. Although this is a bit too simple, it is sometimes said that if the scales tip ever so slightly in favor of A rather than B, then A wins the case.
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