The Judicial Branch Part 1
Explain the difference between criminal law and civil law. Standard SS8CG4 The student will analyze the role of the judicial branch in Georgia state government. Element Explain the structure of the court system in Georgia including trial and appellate procedures and how judges are selected. Explain the difference between criminal law and civil law.
Essential Question What is the role of the judicial branch of Georgia government, and how is it organized? What is the difference between a criminal law and a civil law?
Purpose of Georgia’s Judicial Branch Interpret the Georgia State Constitution Interpret laws created and passed by Georgia’s legislative branch (General Assembly) Ensure that Georgia citizens’ rights are protected by the legal system
Two Types of Laws Criminal Laws Created to protect society from wrong-doers. Crimes are offenses that are punishable with fines, community service, prison, and sometimes even death (death penalty).
Criminal Case The state takes legal action against someone charged with committing a crime (violating a law) Felony – serious crime (more than 1 year in prison and/or more than $1000 fine) Arson, burglary, kidnapping Misdemeanor – less serious crime (up to 12 months, $1000 or less) Prosecution – the state acts as the prosecution because they file charges against a person accused of committing a crime; they have the burden of proof Defendant – person accused of committing a crime Outcome Guilty or not guilty
Two Types of Laws Civil laws Created to deal with disputes among individuals. Involves compensation from one person to another based on an injury or wrong doing. A civil wrong done against a person is called a tort.
Civil Case The court acts as a “referee” to settle disputes between 2 or more parties Plaintiff – party who brings the legal action; they have the burden of proof Defendant – person against whom the action is brought Examples – auto accidents, divorce Outcome NOT – “guilty or not guilty” verdict The court finds in favor of the plaintiff or defendant
A person can be charged with both criminal and civil wrong doing for the same action. Example: A person can be found not guilty of murder in a criminal case. However, they can be found guilty of wrongful death and ordered to pay compensation in a civil trial.
EQ: How can disputes be settled peacefully? Several ways: negotiation, mediation, arbitration, compromise, collaboration Negotiation The process of discussing an issue with the intention of resolving it Mediation A neutral third person meets with the opposing sides and helps them reach an agreement
Name That Crime Criminal or Civil? Why? Arson Divorce Mr. Jones’ tree falls on Mr. Smith’s house Kidnapping Failure to pay income tax Noisy dog Car theft Drug dealing Violation of a business contract Murder
Court System Record at least 2 facts in your Video Log http://www.brainpop.com/socialstudies/usgovernmentandlaw/courtsystem/preview.weml