Civil and Criminal Courts: America’s Dual Court System
The US has two separate courts systems. The Civil Court allows citizens and businesses to recover their damages. The Criminal Court allows the government to punish criminals and deter future harm to society.

The U.S. legal system is largely based on English common law, a well-developed legal framework designed to both protect society as a whole and provide justice to individuals who have been harmed by the actions or failures of others. As with its ancient British roots, the U.S. system recognizes two separate judicial traditions, with different courts historically responsible for handling different types of cases.
Within these two courts, there are:
- Different Laws
- Different Civil Procedures
- Different Parties
- Different Potential Sentences / Consequences
- Different Requirements for Filing a Case
- Different Purposes & Goals
Understanding which court a case was filed in can help you understand a lot about what is happening and what the results might be.
Criminal Court (Penal Code ๐ฎ๐ป)
“You wronged society. You should be punished.”
This is by far the most famous courtroom amongst mystery enthusiasts, the place where the government prosecutes murderers, embezzlers, and other violent criminals.
Features:
- The government (local, state, federal, or military) prosecutes an alleged criminal.
- Government Prosecutor (Prosecution) v. Accused (Defendant)
- These cases involve a wrong against society (social injustice) or someone flouting our societal values (e.g., theft, assault, fraud)
๐ฏ Purpose: Deterrence, Rehabilitation, Protection of the General Public
- Punish Wrongdoing
- Protect Society from Future Bad Actions
- Deter Criminal Behavior
๐ Standard of Proof: Beyond a Reasonable Doubt
- High Standard โก๏ธ A reasonable person would find the Defendant guilty
๐ฎ๐ป Possible Outcomes (examples)
- Prison Time
- Fines (paid to the government, not to the victim)
- Probation
- House Arrest
- Community Service
It all began at Sunset Shores Resort, a peaceful beach getaway known for hammocks, coconut drinks, and absolutely zero felonies.ย Until Captain Glitterbeak, a criminal mastermind flamingo with a sparkly eyepatch and a suspiciously well-groomed mustache, forms the Flamingo Underground. With his motley crew, they ran the Great Beach Umbrella Heist of 2026.ย
They waddle in formation, wearing tiny black ski masks, and steal all 347 beach umbrellas from the resort. There was frantic squawking and choreographed distraction dancing. It was a sunburn apocalypse.ย After a long chase (which is honestly embarrassing for law enforcement since flamingos only run 2-3 mph), they captured the evildoers. Captain Glitterbeak was charged with grand larceny, conspiracy, possession of stolen property, and disorderly conduct.ย He was finally sentenced to 2 years in a low-security aviary and mandatory community service holding โslow crossingโ signs for turtle migrations.

Civil Court (Court of Equity ๐ฐ)
“You wronged me. Pay up or give me back my stuff”
In early England, the legal system was originally built around the Courts of Law. Their job was simple and rigid: read the law and apply it exactly as written. The remedies they could offer were limited and strictly rule-based. If your situation didnโt fit neatly into an existing rule, you lost your case, even if the outcome was clearly unfair.
To deal with this problem, a second system emerged: the Courts of Equity. The word equity comes from the Latin aequitas or aequus, meaning fairness, balance, or justice. Unlike the Courts of Law, equity courts could issue special remedies such as injunctions (ordering someone to stop doing something) or specific performance (ordering someone to do what they had promised to do). In essence, courts of equity existed to produce just results when rigid application of the law would lead to injustice.
The modern American court system, however, is organized a bit differently. Instead of Courts of Law and Courts of Equity, we have the Criminal Court and the Civil Court. Both have their own underlying codes and statutes, so both are grounded in law.
Criminal Courts apply criminal law, which focuses on punishing wrongdoers and protecting society. The government brings these cases, and the goal is deterrence of future bad actions. What criminal court does not address is making the victim whole again.
That role belongs to Civil Courts.
Civil courts apply civil law and focus on restoring the victim to their original position as much as possible. A judge might order someone to stop trespassing, pay for damaged property, or cancel a contract and relieve the victim of payment. The goal is not to punish, but to undo the harm and make the outcome fair.
Even though we no longer have separate โlawโ and โequityโ courts, you will still see the language of equity and equitable throughout modern civil cases, because the idea of fairness and restitution for the victim is still at the heart of this part of system.
Features:
- A citizen or business sues another party on the basis that they suffered harm (damages) as a consequence of that party’s actions or inactions.
- The Accuser (Plaintiff or Petitioner) v. The Accused (Defendant or Respondent)
- These cases involve a wrong against an individual or property (e.g., breach of contract, negligence, fraud)
๐ฏ Purpose: Fairness & Justice
- Resolves disputes between citizens, governments, & entities
- Compensates injured parties for their damages (undoes the harm as much as possible) โก๏ธ often referred to as “making the victim whole“
๐Standard of Proof: Preponderance of the Evidence
- Lower Standard โก๏ธ It is more likely than not (51%) that A is legally responsible for the damages to B.
๐ฐ Possible Outcomes (examples)
- Monetary Damages
- Injunctions (“stop doing that!” or “start doing that!“)
- Specific Performance (“you promised to do this, and you will do it by Heavens!”)
- Rescission (“this contract is cancelled, we’ll pretend it never existed. Give him his stuff back and he’ll refund your money“)
- Reformation (“Let’s adjust this contract back to what it should have been. I know there was a typo that said he would pay you $5,000 for a box of paperclips, but you and I both know it was supposed to be $5.00. It’s what you said in all your emails and the estimate. Don’t be a pain“)
| Michelangelo stole Edwardโs painting of water lilies. The court may give Edward back his painting or they may force Michelangelo to pay Edward the value of his painting.ย Usually, Edward will not walk away with more than he lost.ย Exception: Punitive Damages are additional (often very large) monetary awards imposed when the defendantโs conduct was especially egregious. For example, if a company knowingly sold a deadly product, the court may impose punitive damages on top of the amount needed to make the victim whole. These damages are the courtโs way of saying that the defendantโs behavior was not just harmful, but reckless, inhumane, and morally outrageous. The victim deserves more than simple reimbursement because the ultimate harm to their overall well-being and faith in society is immeasurable. |
Every spring, the citizens of Highspire Keep host their beloved โQuiet Contemplation Festival.โ Meditation, soft harp music, herbal tea. . . theย whole kingdom basically whispers for three days.ย
But this year, a flock of 1,200 neon-pink flamingos ๐ฆฉdescended on the Keep, armed with glitter cannons, tiny enchanted violins, an unlicensed bagpipe-techno fusion soundtrack, and matching leather jackets that read โPhilharmingo: We Play Loudโ.ย They set up in the royal courtyard and launched a 24-hour opera titled โFlapocalypse: A Symphony of Chaosโ.ย Windows shattered. Crops fell sideways.ย Babies missed their naps. Monks cried.ย
The Keep filed a lawsuit asking โfor the love of all that is peaceful, MAKE THEM STOPโ.ย The court issued an injunction stating the Flamingo Philharmonic is permanently banned from staging noisey operas in the realm without a permit.ย One rogue flamingo keeps playing a triangle very quietly.ย ย

โ Note:ย Some crimes can trigger both a criminal and civil case.ย If someone defrauds the public of their money, the perpetrator may go to jail (criminal case), but they may also be sued by the victims who want their money back (civil case).ย ย
