Criminal Vs. Civil Cases

Definition

Civil Law Deals with disputes

between individuals, organizations, or between the two.

Compensation is awarded to the victim

Plaintiff (person or corporation) that brings about the claim/case against someone else (the defendant).

Criminal Law Deals with crime and

the legal punishment of criminal offenses

Prosecutor (person who brings about the claim/case against some else (the defendant)

Cases filed by.. Civil Law

Private Party Individuals,

groups and organizations who want compensation for their troubles

Criminal Government Things that

affect the safety of the public and society

Decision Civil Law

Defendant can be found liable or not liable, the judge will decideWhat does liable mean?

Criminal Law Defendant is

convicted if guilty and acquitted if not guilty, the jury decides What does acquitted mean?

Standard of proof Civil Law

“Preponderance of evidence”

Claimant must produce evident beyond the balance of probabilities

Criminal Law “Beyond

reasonable doubt”

Burden of Proof Civil Law

Claimant must give proof

Burden may shift to defendant in situations of Ipsa Loquitur “The Thing Speaks for Itself”

Criminal Law Innocent until

proven guilty Prosecution has

to prove them guilty

Types of punishment Civil Law

Compensation ($$$) for injuries or damages or injunction/nuisance

Criminal Jail, fines,

community services

Death in some cases

Examples Civil Law

Landlord/tenant disputes, divorce proceedings, child custody proceedings, property disputes, personal injury, etc.

Criminal Law Theft, assault,

robbery, murder, drug dealing, etc.

Appeals Civil Law

Either party (claimant or defendant) can appeal the courts decision

Criminal Law Only the

defendant can appeal the courts verdict

The Prosecution CAN NOT appeal.

Jury Opinion Civil Law

Opinion of jury may not have to be unanimous. Laws vary by state and country.

Criminal Law Jury decision

must be unanimous before anyone is convicted

Categorize..

Now that you know the difference, place the list you created of “What can land you in court” onto the correct side (Federal or State).

Get ready to be quizzed!

State Vs. Federal Courts

Structure – Establishing Courts

Federal Courts State Courts

Article III invests Judicial Power of the U.S. Federal Court System

Section 1: Specifically creates the U.S. Supreme Court

Section 1: Gives Congress authority to create lower courts

Each state establishes their own courts (their Constitution will set this up)

Structure Highest court: Supreme

Court Intermediate Court of

Appeals State trial courts (Circuit

or District Courts)

Structure – Types of Courts

Federal Courts State Courts

13 U.S. Courts of Appeals

94 U.S. District Courts

U.S. Court of Clams U.S. Court of

International Trade U.S. Bankruptcy

Court

States also have courts to handle specific legal matters

Probate court – wills/estates

Juvenile Court Family Court

Structure - Don’t like the decision?

Federal Courts State Courts

Not a fan of the decision of U.S. District Court Court of Claims or Court of International trade? You can appeal to a U.S. Court of Appeals!

Not a fan of the decision of the trial court? You can take their case to the intermediate Court of Appeals!

Structure – What can you do?

Federal Courts State Courts

A party can ask U.S. Supreme Court to review a decision of the U.S. Court of Appeals but SC usually is under no obligation to do this.

Parties can ask the highest state court to hear the case.

Selection of Judges

Federal Courts State Courts

Constitution says federal judges are to be nominated by the President and Confirmed by the Senate.

Election Appointment for a

given number of years

Appointment for life Appointment

followed by elections

Types of Cases

Federal Courts State Courts

Constitutionality of law Laws and treaties of

U.S. Ambassadors/public

ministers Disputes between two

or more states Admiralty law Bankruptcy

Probate: Wills/estates Contract cases Tort cases (personal

injuries) Family law

(marriages, divorces, adoptions

In your group…

Create 10 scenarios (of things that could land you in court) on the cards given to you. These scenarios must be able to be categorized into either Federal or State Courts as well as Criminal or Civil Law cases.