Presentation on theme: "Criminal Vs. Civil Cases. Definition Civil Law Deals with disputes between individuals, organizations, or between the two. Compensation is awarded."— Presentation transcript:
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 decide What 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!
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.