Texas-Book-Gun Law Armed And Educated - Flipbook - Page 400
1. State versus individual bringing claims
In a criminal case, the party bringing the action is the “sovereign,”
meaning the United States, state, municipality, county, etc. that
believes a person violated their laws. Even if an individual calls the
police, fills out a criminal complaint, or even asks the district attorney
to file charges, the party that actually brings a criminal action is the
state, county, etc., not the individual.
However, a civil action may be filed by any individual, business, or
other entity (partnership, LLC, trust, etc.). The entity bringing the
claim is called the “plaintiff.” Even governmental entities can bring
civil claims; i.e., if you negligently shoot a county propane tank,
causing a fire, the county can sue you civilly for those damages. The
typical gun case, though, will involve an individual filing a lawsuit
against another individual for damages caused by the firearm. If the
incident occurs at a place of business, the plaintiff may also sue the
business, claiming that it is in some way at fault for the incident. The
party being sued is typically called the “defendant.”
2. Relief sought/awarded
In a criminal case, the governmental entity prosecuting the case is
usually seeking to imprison or fine you. Most crimes are punishable
by “X” number of days/months/years in prison or jail, and a fine not
to exceed “X” amount of dollars.
By contrast, the plaintiff in the civil case is almost always seeking
a monetary award. Several other types of relief are available
(declaratory, injunctive, specific performance), but for the most part,
gun cases will involve the plaintiff seeking monetary damages.
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