Civil trial vs. criminal trial: What are the differences?

PHOENIX - The civil fraud trial involving Former President Donald Trump has been in the headlines in recent weeks.

The lawsuit accuses Trump of dramatically inflating his net worth, and during trial proceedings on Nov. 6, the presiding judge admonished Trump to keep his answers concise, reminding him and the courtroom that "this is not a political rally."

"We don't have time to waste. We have one day to do this," an exasperated Supreme Court Judge Arthur Engeron said at one point. At another, he said, "In addition to the answers being non-responsive, they're repetitive."

The case represents a remarkable convergence of his legal troubles and his political ventures at a time when he also faces criminal indictments while vying to reclaim the White House in 2024. In addition, it also raises the question on the differences between a civil case and a criminal case.

Here's what to know about the differences.

What's a civil trial?

Expert breaks down civil, criminal trial differences

With civil and criminal trials involving Former President Donald Trump receiving a fair amount of attention, FOX 10's Stephanie Bennett has more on the differences between the two types of legal proceedings.

According to Cornell Law School's Legal Information Institute, civil trials concern "the judicial resolution of claims by one individual or class against another."

"A civil trail is basically about money," said Barry Markson, a legal analyst with Markson Mediation, LLC. "So it can be as simple as a car accident case, where somebody is rear-ended and they want compensation for their injuries. It could be a breach of contract case, but it’s about money, generally, or property or things like that."

What's the difference between a civil trial and a criminal trial?

The website for Cornell Law School's Legal Information Institute states that a criminal trial is different than a civil trial, because in a criminal trial, the state prosecutes an individual for violation of criminal law.

"A criminal case is about your life and liberty," said Markson. "Criminal cases are things like murder or rape or shoplifting."

The website for St. Francis School of Law lists other differences between a civil and a criminal trial, including who brings the case, as well as the standard of evidence used.

What does this mean for Trump?

Former President Donald Trump exits the courtroom after testifying at his civil fraud trial at New York State Supreme Court on November 06, 2023 in New York City. (Photo by Michael M. Santiago/Getty Images)

Markson has a rather succinct description of what the difference means, in terms of Trump.

"In a civil case, there is no prison time," said Markson. "So a civil case, the only punishment is monetary, or it can be some sort of a penalty to your business, as Trump is facing here."

The civil case threatens Trump’s business in New York, potentially resulting in him being barred from doing business in the state, which could leave Trump with no choice but to dissolve his companies.

It should also be noted that Trump is facing a number of criminal cases in Georgia. The case is tried by a court that is separate from the legal system in New York.

Who will make the decision in a civil trial?

Like some criminal trials, a jury will make a decision in certain civil trials, according to Markson, albeit with some differences.

"In a civil case, it’s a majority or a super-majority of the jury that will make the decision, whereas in a criminal case, it has to be unanimous," said Markson.

However, Trump's civil trial is being conducted under different rules.

"In the trump case, it’s actually being tried by the judge, so there’s no jury involved at all," said Markson. "The judge who is presiding over this trial will make a decision."