Unit 9 Town Hall Seminar

 Which types of cases are considered civil in nature versus criminal in nature.

 Civil cases usually involve private disputes between persons or organizations. Criminal cases involve an action that is considered to be harmful to society as a whole.

Criminal law  In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty.  Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration.

 In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior. So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small.

 In criminal litigation, the burden of proof is always on the state. The state must prove that the defendant is guilty. The defendant is assumed to be innocent; the defendant needs to prove nothing. (There are exceptions. If the defendant wishes to claim that he/she is insane, and therefore not guilty, the defendant bears the burden of proving his/her insanity. Other exceptions include defendants who claim self- defense or duress.)

 In criminal litigation, the state must prove that the defendant satisfied each element of the statutory definition of the crime, and the defendant's participation, "beyond a reasonable doubt." It is difficult to put a valid numerical value on the probability that a guilty person really committed the crime, but legal authorities who do assign a numerical value generally say "at least 98% or 99%" certainty of guilt.

 In civil litigation, the burden of proof is initially on the plaintiff. However, there are a number of technical situations in which the burden shifts to the defendant. For example, when the plaintiff has made a prima facie case, the burden shifts to the defendant to refute or rebut the plaintiff's evidence. In civil litigation, the plaintiff wins if the preponderance of the evidence favors the plaintiff. For example, if the jury believes that there is more than a 50% probability that the defendant was negligent in causing the plaintiff's injury, the plaintiff wins. This is a very low standard, compared to criminal law. A few tort claims (e.g., fraud) require that plaintiff prove his/her case at a level of "clear and convincing evidence", which is a standard higher than preponderance, but less than "beyond a reasonable doubt."

 A civil case begins when a person or entity (such as a corporation or the government), called the plaintiff, claims that another person or entity (the defendant) has failed to carry out a legal duty owed to the plaintiff. Both the plaintiff and the defendant are also referred to as "parties" or "litigants." The plaintiff may ask the court to tell the defendant to fulfill the duty, or make compensation for the harm done, or both.

 Civil suits are brought in both state and federal courts. An example of a civil case in a state court would be if a citizen (including a corporation) sued another citizen for not living up to a contract.

 For example, if a lumberyard enters a contract to sell a specific amount of wood to a carpenter for an agreed-upon price and then fails to deliver the wood, forcing the carpenter to buy it elsewhere at a higher price, the carpenter might sue the lumberyard to pay the extra costs incurred because of the lumberyard's failure to deliver; these costs are called damages. If these parties were from different states, however, then that suit could be brought in federal court under diversity jurisdiction if the amount in question exceeded the minimum required by statute ($75,000).

 Individuals, corporations, and the federal government can also bring civil suits in federal court claiming violations of federal statutes or constitutional rights. For example, the federal government can sue a hospital for overbilling Medicare and Medicaid, a violation of a federal statute. An individual could sue a local police department for violation of his or her constitutional rights--for example, the right to assemble peacefully.

 A person accused of a crime is generally charged in a formal accusation called an indictment (for felonies or serious crimes) or information (for misdemeanors). The government, on behalf of the people of the United States, prosecutes the case through the United States Attorney's Office if the person is charged with a federal crime. A state's attorney's office prosecutes state crimes.

 It is not the victim's responsibility to bring a criminal case. In a kidnapping case, for instance, the government would prosecute the kidnapper; the victim would not be a party to the action.  In some criminal cases, there may not be a specific victim. For example, state governments arrest and prosecute people accused of violating laws against driving while intoxicated because society regards that as a serious offense that can result in harm to others.

 When a court determines that an individual committed a crime, that person will receive a sentence. The sentence may be an order to pay a monetary penalty (a fine and/or restitution to the victim), imprisonment, or supervision in the community (by a court employee called a U.S. probation officer if a federal crime), or some combination of these three things.

 Gloria Allred represented Nicole Brown Simpson's relatives in their lawsuit against O.J. Simpson over her death. The former NFL player and movie star was acquitted in a criminal trial of killing his ex-wife and her friend Ronald Goldman, but a civil jury didn't believe him and awarded a total of $33.5 million to her family and Goldman's.  "You get testimony sometimes that you could never get out of a criminal case," Allred said in an interview.

 Unlike criminal cases, civil cases also give plaintiffs and defendants the right — before trial — to question each other under oath. And a plaintiff can call a defendant as a witness at trial, which a prosecutor cannot do; it's up to the defendant in a criminal case whether he or she wants to take the stand.

 Simpson, for example, didn't testify at his criminal trial. But he had to testify in the civil case, unable to assert Fifth Amendment protections against self- incrimination because he had been acquitted.

 After Joe Public lost his administrative appeal, he brings his case in court. Joe plans to base his arguments on the procedural due process and equal protection clauses of the 5 th and 14 th Amendments to the U.S. Constitution. Look at these amendments and determine:  1) Where should Joe Public file his lawsuit  2) What grounds, if any, are there for federal jurisdiction?  3) Can you find a basis for federal jurisdiction in the statute or the regulations?  4) Can Joe make a claim in state court on any grounds?

 In a short essay, make an argument that Joe’s procedural due process rights and substantive due process rights have been violated. You may also wish to make an argument based on equal protection.  Should Joe file his case in state or federal court? Identify the statute that grants jurisdiction. What arguments should he make?  Focus on the 5 th and 14 th amendments.  Assume the state has sued the federal government about the mandate to implement a state health care program.  Does the state have a valid case? Why, or why not?  Does this mean Joe doesn't have a case?  Your essay should be 3-4 pages in length.

“Character is doing the right thing when nobody's looking. There are too many people who think that the only thing that's right is to get by, and the only thing that's wrong is to get caught.” - J. C. Watts

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