Litigation vs. Prosecution — What's the Difference?
By Fiza Rafique & Urooj Arif — Updated on May 1, 2024
Litigation involves legal disputes between parties in civil or criminal court, while prosecution specifically refers to the process of charging and trying individuals in criminal cases.
Difference Between Litigation and Prosecution
Table of Contents
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Key Differences
Litigation is a broad term that encompasses any legal dispute or case brought before a court, which may involve civil or criminal matters. In contrast, prosecution is specifically concerned with criminal cases, where a government authority charges someone with a crime and seeks to prove their guilt.
Civil litigation involves individuals or entities seeking to resolve disputes over issues such as contracts, property, or personal injuries, whereas prosecution is always a matter of criminal law, led by prosecutors representing the state or the people.
Litigation can result in various outcomes, including settlements, judgments, or dismissals, depending on the nature of the case. On the other hand, prosecution outcomes are focused on criminal penalties, such as fines, community service, or imprisonment.
The parties involved in litigation can be individuals, businesses, or other organizations, while in prosecution, the defendant is an individual or sometimes a corporate entity, facing charges from the government.
In litigation, each party presents their case, and a judge or jury makes a decision based on the evidence and law. Meanwhile, in prosecution, the burden of proof lies heavily on the prosecutor, who must establish the defendant’s guilt "beyond a reasonable doubt."
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Litigation encompasses a variety of legal proceedings including trials, arbitrations, and mediations, showcasing its wide-ranging scope in legal disputes; however, prosecution is solely concerned with the trial phase of criminal cases, focusing on proving the accused's guilt.
Comparison Chart
Definition
Legal process involving disputes in civil or criminal court.
Legal action of charging and trying in criminal cases.
Scope
Includes civil and criminal cases.
Limited to criminal law.
Main Participants
Individuals, businesses, governments.
Prosecutors, defendants, government.
Outcome
Settlement, judgment, dismissal.
Conviction, acquittal, sentencing.
Burden of Proof
Varies; generally lower than in criminal cases.
Beyond a reasonable doubt.
Compare with Definitions
Litigation
Legal dispute handled in court.
The company's breach of contract resulted in lengthy litigation.
Prosecution
Led by a prosecutor.
The prosecutor works for the government to enforce the law.
Litigation
Process involving lawsuits.
Litigation can be expensive and time-consuming.
Prosecution
Involves proving guilt beyond a reasonable doubt.
The prosecution’s main challenge is meeting the high burden of proof.
Litigation
May end in settlement or trial.
Many litigations settle out of court to avoid the costs of a trial.
Prosecution
Seeks penalties like imprisonment.
Successful prosecutions can result in severe penalties for the accused.
Litigation
Involves both civil and criminal cases.
Litigation can lead to either financial compensation or criminal sentencing.
Prosecution
Exclusively in criminal law.
Prosecution does not occur in civil dispute contexts.
Litigation
Handled by litigators.
As a litigator, she prepares for trials and settlements.
Prosecution
Legal proceeding against a criminal suspect.
The prosecution presented overwhelming evidence at the trial.
Litigation
To prosecute or defend (a lawsuit or legal action); pursue (a legal case).
Prosecution
The act of prosecuting.
Litigation
To bring a lawsuit or defend against a lawsuit in court.
Prosecution
The institution and conduct of a legal proceeding
Risked prosecution by breaking the law.
Litigation
(legal) The conduct of a lawsuit.
There is ongoing litigation in this matter.
This law firm is known for its litigation practice.
That attorney has been chastised for his litigation behavior.
Prosecution
See prosecuting attorney.
Litigation
The act or process of litigating; a suit at law; a judicial contest.
Prosecution
The act of prosecuting a scheme or endeavor.
The prosecution of the war fell to Winston Churchill.
Litigation
A legal proceeding in a court; a judicial contest to determine and enforce legal rights
Prosecution
(legal) The institution of legal proceedings (particularly criminal) against a person.
Prosecution
(legal) The prosecuting party.
Prosecution
(legal) In many countries, a legal body and institution, usually part of the state apparatus, empowered to perform prosecution. Prosecutor's Office. See Prosecutor.
Prosecution
The act or process of prosecuting, or of endeavoring to gain or accomplish something; pursuit by efforts of body or mind; as, the prosecution of a scheme, plan, design, or undertaking; the prosecution of war.
Keeping a sharp eye on her domestics . . . in prosecution of their various duties.
Prosecution
The institution and carrying on of a suit in a court of law or equity, to obtain some right, or to redress and punish some wrong; the carrying on of a judicial proceeding in behalf of a complaining party, as distinguished from defense.
Prosecution
The institution and conduct of legal proceedings against a defendant for criminal behavior
Prosecution
The lawyers acting for the state to put the case against the defendant
Prosecution
The continuance of something begun with a view to its completion
Common Curiosities
What is litigation?
Litigation is the process of taking legal action in court to resolve disputes or enforce rights, covering both civil and criminal matters.
What does prosecution entail?
Prosecution involves the government charging and trying a person for a crime, aiming to demonstrate their guilt in court.
What are the outcomes of prosecution?
Outcomes can include acquittal, conviction, or various criminal penalties depending on the case.
Can litigation be settled out of court?
Yes, many litigation cases are settled outside of court to avoid the expenses and uncertainties of a trial.
Who handles prosecution cases?
Prosecution cases are handled by prosecutors, who are legal officials representing the government or the people.
How does the burden of proof differ in litigation and prosecution?
In civil litigation, the burden is usually "preponderance of the evidence," while in criminal prosecution, it is "beyond a reasonable doubt."
Who can initiate litigation?
Any party alleging harm or a legal wrong can initiate litigation, including individuals, companies, or government entities.
What types of cases does litigation cover?
Litigation covers a broad range of cases, including family law, commercial disputes, and criminal cases.
What factors influence the outcome of a prosecution?
Factors include the strength of evidence, legal arguments, and procedural compliance.
Is a prosecutor involved in civil litigation?
No, prosecutors are only involved in criminal cases, not civil litigation.
Can businesses be involved in litigation?
Yes, businesses frequently engage in litigation, often related to contracts, intellectual property, or other business matters.
How long can litigation last?
Litigation can last from a few months to several years, depending on the complexity of the case and legal processes involved.
How does one defend against prosecution?
Defense strategies may include disproving the prosecution’s evidence, presenting alibis, or demonstrating legal and factual errors.
What is a typical scenario of prosecution?
A typical scenario involves a prosecutor bringing charges against someone accused of a crime, like theft or assault.
Can businesses be prosecuted?
Yes, businesses can be prosecuted, especially in cases involving fraud, environmental law violations, or other corporate crimes.
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Written by
Fiza RafiqueFiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.
Co-written by
Urooj ArifUrooj is a skilled content writer at Ask Difference, known for her exceptional ability to simplify complex topics into engaging and informative content. With a passion for research and a flair for clear, concise writing, she consistently delivers articles that resonate with our diverse audience.
