Legal & EthicalQuestion 183 of 200
The fundamental difference between civil and criminal liability is that:
a.Civil cases always involve jail time
b.Criminal cases pay money to the resident
c.Civil cases seek money damages to compensate the injured party; criminal cases are brought by the government and seek punishment (fines, probation, incarceration) for offenses against the public
d.They are identical
Explanation
Civil cases are brought by private parties (the resident or family) seeking monetary damages or injunctions; the standard of proof is 'preponderance of the evidence' (more likely than not). Criminal cases are brought by the government (People of the State of California) seeking punishment such as fines, probation, or jail; the standard of proof is 'beyond a reasonable doubt.' The same act (e.g., striking a resident) can result in BOTH a civil suit (battery damages) and criminal prosecution (PC §242 battery). CDPH administrative action is a third, separate track.
Law Reference: Civil vs criminal law principlesPractice all 200 questions free — no signup required.
Related questions on this topic
- Assault and battery are defined in California as:
- A CNA, frustrated with a wandering resident, locks the resident in a room without a physician order or care-plan justification. This action is:
- Negligence in nursing care requires proof of FOUR elements. Which is the correct list?
- A CNA suspects a coworker is diverting (stealing) controlled substances from the medication cart. The CNA should:
- California CNA certification renewal requires:
- Which criminal background finding would generally disqualify an applicant from California CNA certification?
Last reviewed: · editorial process
PrepPass Editorial Team · Verified against California CNA Certification Exam · How we review