3.2. Civil, Criminal, and Moral Wrongs 
LORE RUTZ-BURRI 
This chapter is about people committing crimes—engaging in behavior that violates the criminal law—and 
how society responds to these criminal behaviors. Crimes are only one type of wrong. People can also violate 
civil law or commit a moral wrong and not be guilty of any crime whatsoever. So, what is the difference 
between a civil wrong, a criminal wrong, and a moral wrong? 
Civil Wrongs 
A civil wrong is a private wrong, and the injured party’s remedy is to sue the party who caused the 
wrong/injury for general damages (money). The plaintiff (the injured party) sues or brings a civil suit 
(files an action in court) against the defendant (the party that caused the harm). Plaintiffs can be individuals, 
businesses, classes of individuals (in a class action suit), or government entities. Defendants in civil actions 
can also be individuals, businesses, multinational corporations, governments, or state agencies. 
Civil law covers many types of civil actions or suits including: torts (personal injury claims), contracts, 
property or real estate disputes, family law (including divorces, adoptions, and child custody matters), 
intellectual property claims (including copyright, trademark, and patent claims), and trusts and estate laws 
(which covers wills and probate). 
The primary purpose of a civil suit is to financially compensate the injured party. The plaintiff brings 
the suit in his or her own name, for example, Sam Smith versus Joe Jones. The amount of damages is 
theoretically related to the amount of harm done by the defendant to the plaintiff. Sometimes, when the jury 
finds there is particularly egregious harm, it will decide to punish the defendant by awarding a monetary 
award called punitive damages in addition to general damages. Plaintiffs may also bring civil suits called 
injunctive relief to stop or “enjoin” the defendant from continuing to act in a certain manner. Codes of the 
civil procedure set forth the rules to follow when suing the party who allegedly caused some type of private 
harm. These codes govern all the various types of civil actions. 
In a civil trial, the plaintiff has the burden of producing evidence that the defendant caused the injury and 
the harm. To meet this burden, the plaintiff will call witnesses to testify and introduce physical evidence. In 
a civil case, the plaintiff must convince or persuade the jury that it is more likely than not that the defendant 
caused the harm. This level of certainty or persuasion is known as preponderance of the evidence. Another 
feature in a civil suit is that the defendant can cross-sue the plaintiff, claiming that the plaintiff is actually 
responsible for the harm. 
89