1. Please…
Log into Moodle and complete today’s Bell Ringer

2. Trial Courts
For the next few days, we will be zooming in on the trial courts
What do you know about the difference between civil and criminal cases at this level?

3. Civil Law Civil law seeks to resolve non-criminal disputes such as:
disagreements over the meaning of contracts,
property ownership,
divorce,
child custody, and
Personal damages and property damage

4. Civil Law
Civil law covers a wide spectrum of topics. Some of these topics are:
consumer law
international law
agricultural law
employment law
animal law
entertainment law
business law
family law
tax law
intentional torts such as libel, slander, defamation of character, battery and assault.
negligence

5. Parties in a Civil Law Case
Plaintiff
Person who feels he or she has not been treated fairly by another person and seeks a solution in a civil court.
Has to prove that he or she was treated unfairly.
Defendant
Person who the plaintiff claims has treated him or her unfairly.

6. Please log into Moodle…
Download “Criminal vs Civil Cases – Chapter 4 Notes”

7. Differences Between Criminal and Civil Law
Criminal Law
Civil Law deals with wrongs done against an individual
Criminal law is the body of statutory and common law that deals with wrongs done against society

8. Differences Between Criminal and Civil Law
Criminal Law
The burden of proof in a civil trial is “preponderance of the evidence” which sometimes is defined as “more likely than not” (at least 50% of the evidence supports the guilty claim
Who has the burden of proof?
The Plaintiff
The burden of proof in a criminal trial is proof “beyond a reasonable doubt”
The vast majority of the evidence (90%) supports the guilty verdict
Who has the burden of proof?
The federal or state government

9. Differences Between Criminal and Civil Law
Criminal Law
The loser in a civil case cannot be imprisoned, even if he or she cannot pay the damages.
Who brings forth the case in a civil action?
The plaintiff
Punishment may be fine and/or imprisonment.
Who brings forth the case in a criminal action?
The government

10. Differences Between Criminal and Civil Law
Criminal Law
Either party may appeal in a civil case.
Both parties may be anybody, including governments, corporations and individuals.
Only the defendant may appeal in a criminal case.
Plaintiff is always the state or federal government.

11. Differences Between Criminal and Civil Law
Criminal Law
Civil Law is established both through state and federal statutes and through court decisions.
The jury decision must be 9-3 for the plaintiff to win. (States vary)
State or federal statues always establish criminal law
The jury decision in a criminal trial must be unanimous.

12. Differences Between Criminal and Civil Law
Criminal Law
In a civil case, the plaintiff and the defendant may both be found partially right and partially at fault.
In a criminal case, the defendant is either guilty or not guilty.

13. Case Problems
Please answer the case problems at the end of your notes, based on what we’ve learned from chapter 4.
Justify your answer by explaining why you answered the way you did.

14. Case Problems
Gomez wanted to sue Shapiro for breach of contract but could not afford the expense and time delays associated with litigation. What alternatives are available to resolve this matter?
Answer: Direct negotiation, mediation, and arbitration
Both are much cheaper than litigation

15. Case Problems
2. June lost her case in the trial court. She thought that the plaintiff, Sid, had lied during the trial. On appeal, she requested that she be allowed to appeal and explain why she thought Sid had lied. Will her request be granted? Answer: No, only trial courts hear testimony

16. Case Problems
3. The Spirit Club of Central High contracted with Martinez and her rock band to play at the homecoming dance. The price agreed upon was $750. On week before the event, Martinez notified the club president that the band members were ill and could not play. IN reality, they appeared at another event. The club hastily hired a replacement band that charged $1,000. Is the club justified in suing Martinez? If so, in what court would the club probably sue and for how much? What would happen if the club did file suit and Martinez ignored the summons and the complaint filed by the club?

17. Case Problems
Answer: The club could sue Martinez for breach of contract. The club would probably sue in small claims court and collect $250. If Martinez ignored the summons and complaint, the club would win a default judgment.

18. Case Problems
4. Mike ran into the rear of Sharon’s new car, causing $32,000 in personal injury and property damage. Sharon won a civil judgment for the amount of the damages, but weeks have passed and Mike still has not paid. What can Sharon do? Answer: Sharon can obtain a writ of execution and take Mike’s property and sell it to satisfy the judgment.

19. Please…
Log back into Moodle and complete today’s Exit Slip