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Published bySilvester Harvey Modified over 8 years ago
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By: Gracie Guenther, Zach Eckels, Bethany Cobb, Hannah Cobb, and Makensie Cobb
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Civil Law Regulates the disputes between private parties the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.
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Criminal Law a system of law concerned with the punishment of those who commit crimes Regulate crimes, or wrongs committed against the government
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Civil Lawsuit To begin a civil lawsuit the plaintiff files a complaint with the court. A plaintiff may seek money to compensate for the damages, or may ask the court to order the defendant to stop the conduct that is causing the harm. The court may also order other types of relief, such as a declaration of the legal rights of the plaintiff in a particular situation.
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Standard of Proof (Civil) In most civil cases, the judge or jury has to make a decision about which side wins based on a standard called "preponderance of the evidence." This means that the winner's side of the story is more probably true than not true. It does not mean that one side brought in more evidence than the other side. It means that one side's evidence was more convincing than the other's.
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Standard of Proof (Criminal) Must be beyond a reasonable doubt Must have clear and convincing evidence
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Criminal Lawsuit At the beginning of a federal criminal case, the principal actors are the U.S. Attorney (the prosecutor) and the grand jury. The U.S. Attorney represents the United States in most court proceedings, including all criminal prosecutions. The grand jury reviews evidence presented by the U.S. Attorney and decides whether it is sufficient to require a defendant to stand trial.
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Criminal Lawsuit continued In a criminal trial, the burden of proof is on the government. Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant’s guilt. The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. The defendant must be found guilty “beyond a reasonable doubt,” which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.
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Types of Civil Cases injury to someone's person, property, reputation personal injury, battery, negligence, defamation, medical malpractice, fraud, and many others, are all examples. disputes arising between landlords and tenants
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Types of Criminal Cases petty theft, prostitution, vandalism, and drunk driving. Felonies are generally punishable by a sentence to state prison or local prison for at least one year, or death.
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Civil cases Civil cases are heard in the federal courts and are viewed by the plaintiff and the judge Roe v. Wade Brown v. Board of Education Miranda v. Arizona Plessy v. Ferguson Dred Scott v. Sanford
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Criminal Cases Criminal cases are held in the federal courts and are viewed by the U.S. Attorney and the grand jury Only the government initiates a criminal case, usually through the U.S. attorney’s office, in coordination with a law enforcement agency. Allegations of criminal behavior should be brought to the local police, the FBI, or another appropriate law enforcement agency.
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Punishment for Civil Cases result in monetary damages or orders to do or not do something judge or jury examines the evidence to decide whether, by a "preponderance of the evidence," the defendant should be held legally responsible for the damages alleged by the plaintiff. Has to have at least 50% of the vote to be found guilty
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Punishment for Criminal Cases Criminal case may involve both jail time and monetary punishments in the form of fines. a judge will decide on the appropriate punishment during the sentencing phase of a criminal case. In some circumstances, the judge is able to enhance or reduce a sentence based upon factors specific to the crime and the defendant. A sentence may include fines, incarceration, probation, suspended sentence, restitution, community service, and participation in rehabilitation programs.
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Criminal Continued If the verdict is guilty, the judge determines the defendant’s sentence. During sentencing, the court may consider U. S. Sentencing Commission guidelines, evidence produced at trial, and also relevant information provided by the pretrial services officer, the U.S. attorney, and the defense attorney. Vote must be unanimous
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Criminal v. Civil law explained https://www.youtube.com/watch?v=Zg5ex8 WZUao https://www.youtube.com/watch?v=Zg5ex8 WZUao
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