CRIMINAL VS. CIVIL LAW. CRIMINAL LAW Laws that regulate our conduct and set out the duties owed to society.

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Presentation transcript:

CRIMINAL VS. CIVIL LAW

CRIMINAL LAW Laws that regulate our conduct and set out the duties owed to society.

CRIMINAL LAW Felony A more serious crime that carries a penalty of a year or more in jail Examples- most murders, violent assaults, cases involving large amounts of money Misdemeanor Less serious offenses that carry a penalty of a year or more in jail, often punished with community service or fines. Examples-petty crime, shoplifting, drug possession (all in small increments)

CRIMINAL LAW-PROSECUTION PROSECUTION (Accuser) Government always acts as prosecution Attempting to prove the accused committed a crime BURDEN OF PROOF-the prosecution is totally responsible for proving the accused committed a crime. (US or District Attorney) The person must be found guilty BEYOND A REASONABLE DOUBT.

CRIMINAL LAW-Defendant DEFENSE (Accused) The person who is accused of breaking a state or federal law. Court appointed lawyers are called PUBLIC DEFENDERS

CIVIL LAW All law that does not involve criminal matters. It usually deals with a disputes between individuals, businesses, or the government. Disputes can be between any two parties: (individuals, businesses, companies)

CIVIL LAW Civil suits usually involve disputes over money or property, but no law has been broken Ex-One person sues over a car accident, divorce, child custody, personal injury, contract disputes

CIVIL LAW PLAINTIFF The person is SUING, the person who felt they were wronged. DEFENDANT The person who is being sued.

CIVIL LAW Decisions in civil cases are based on PREPONDERENCE OF EVIDENCE. This means the burden is on each side to prove they are owed (or don’t owe) something. To win the case they must produce better evidence. If you see the word SUE it is civil law.