The difference between civil and criminal cases Objective 5.10 The difference between civil and criminal cases

The court settles a disagreement between two parties civil case The court settles a disagreement between two parties Some examples: Person vs. Person Person vs. Business Person vs. government

Why is trial occurring? There is a dispute between two parties resulting in a lawsuit -ownership of property, injuries, money, breech of contract Who is involved?? Plaintiff- Party filing the complaint VS. Defendant- The party being sued by the plaintiff The goal of the trial?? Judge decides if defendant will pay $$$ damages to plaintiff

criminal case The court decides if a person accused of breaking the law is guilty or not guilty

Types of criminal charges Felony Serious crime such as homicide or kidnapping. Results in jail time, loss of citizens’ rights, possible death penalty

Types of criminal charges Misdemeanor Less serious crime such as traffic violation or minor theft Results in fine, probation, some jail time

Why is trial occurring? A person is accused of breaking the law by committing a crime Who is involved?? Prosecution- Government lawyers trying to prove guilt Vs. Defense- Lawyers of the accused trying to prove innocence The goal of the trial?? Based on evidence, is defendant guilty of committing a crime? Jury decides guilt/Innocence Judge decides punishment

Criminal or civil?

Criminal or civil? He broke the law. My client is innocent

Criminal or civil? He robbed a bank.

Criminal or civil? prosecution defendant It was a felony. represents the government defendant

Criminal or civil? GUILTY prosecution defendant

of a felony. prosecution defendant Criminal or civil? of a felony. prosecution defendant

criminal Go to the state pen. prosecution defendant http://www.youtube.com/watch?v=tgUSil2CQyA

Criminal or civil?

Criminal or civil? Your dog bit my leg.

Criminal or civil? I’m suing you. plaintiff

civil I did nothing wrong plaintiff

civil I’m not paying damages. defendant plaintiff

Defendant is liable for $5,000. Criminal or civil? Defendant is liable for $5,000. defendant plaintiff

civil defendant plaintiff $5,000 http://www.youtube.com/watch?v=cGaxGDBAOYE&feature=related

Which court would have heard this case? District Court because a jury/judge is deciding in the original trial

If found guilty, what could this person do next?? Appeal case to the US Court of Appeals