In criminal law a guilty defendant is punished by either
(1) incarceration in a jail or prison
(2) fine paid to the government or in exceptional cases
(3) execution of the defendant: the death penalty.
In contrast a defendant in civil litigation is never incarcerated and never executed. In general a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant’s behavior.
The proof of burden is civil cases lies on plaintiff. However there can be some situations in which proof of burden can shift to the defendant.
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