# Distinction between civil and criminal law

**URL:** <https://boards.straightdope.com/t/distinction-between-civil-and-criminal-law/717149>\
**Category:** Factual Questions\
**Created:** [April 8, 2015, 7:00pm UTC](https://boards.straightdope.com/t/distinction-between-civil-and-criminal-law/717149 "2015-04-08T19:00:25Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\
**Post date:** [April 8, 2015, 7:00pm UTC](https://boards.straightdope.com/t/distinction-between-civil-and-criminal-law/717149/1 "2015-04-08T19:00:25Z")

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If I did something that leaves me open to being sued, did I necessarily break a law?

For example, if I sell 1,000 copies of a DVD with a pirated movie, it violates copyright law. I could by sued by the copyright holder. Can I be criminally prosecuted as well?

Suppose the mailman trips on my front steps because of a big crack that I, with gross negligence, failed to repair. I could be sued, but am I a criminal?

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [April 8, 2015, 7:13pm UTC](https://boards.straightdope.com/t/distinction-between-civil-and-criminal-law/717149/2 "2015-04-08T19:13:25Z")

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Bad example. Selling pirated movies is specifically a criminal offence, IIRC. (In the USA and many other jurisdictions, the MPAA and RIAA have lobbied to make media piracy criminal).

But, posting a youtube video of you singing Lady Gaga songs, or printing a book that quotes another book extensively may or may not be a copyright violation - the judge or jury will decide. It’s not a criminal offense. Similarly, calling someone a crook or publishing it is a civil offense you can be sued for, but is not criminal. Nor is breaking a contract and refusing to pay. (unless the result can be construed as theft, but to do so - IANAL - I suppose you have show intent to defraud when the contract was made?)

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [April 8, 2015, 8:12pm UTC](https://boards.straightdope.com/t/distinction-between-civil-and-criminal-law/717149/3 "2015-04-08T20:12:13Z")

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> [@CookingWithGas](#):
>
> If I did something that leaves me open to being sued, did I necessarily break a law?

No. Ordinary negligence is generally not criminal. On the other hand, if you have committed a crime (that has an equivalent in tort law), you’ve almost certainly committed a civil wrong too.

> [@](#):
>
> Suppose the mailman trips on my front steps because of a big crack that I, with gross negligence, failed to repair. I could be sued, but am I a criminal?

It’s hard to imagine a scenario where failing to repair some steps constitutes gross negligence. It’s a virtual textbook example of ordinary civil negligence. Maybe if a dozen people have already been injured by them and you still did nothing.

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**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\
**Post date:** [April 8, 2015, 8:24pm UTC](https://boards.straightdope.com/t/distinction-between-civil-and-criminal-law/717149/4 "2015-04-08T20:24:12Z")

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> [@CookingWithGas](#):
>
> …  
> Suppose the mailman trips on my front steps because of a big crack that I, with gross negligence, failed to repair. I could be sued, but am I a criminal?

If your negligence arose as a result of crack use, you could perhaps be charged with possession thereof.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [April 8, 2015, 8:26pm UTC](https://boards.straightdope.com/t/distinction-between-civil-and-criminal-law/717149/5 "2015-04-08T20:26:47Z")

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Short answer. Somethings are only civil violations. Some things are only criminal violations. Somethings are both.

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**Author:** ![casdave](https://avatars.discourse-cdn.com/v4/letter/c/c6cbf5/32.png) [@casdave](https://boards.straightdope.com/u/casdave)\
**Post date:** [April 9, 2015, 3:13pm UTC](https://boards.straightdope.com/t/distinction-between-civil-and-criminal-law/717149/6 "2015-04-09T15:13:39Z")

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In safety related cases, or personal injury, a breach of statutory duty ie a criminal offence, is often used as evidence in the civil case - where there is a claim for remedy
