1. Civil & Criminal Law

2. Standard of Proof Differing Standards of proof
Criminal: based on no reasonable doubt (more than 95% sure that the evidence proves the accused committed the crime)
Civil: based on a balance of probabilities (whether it’s likely that the defendant caused harm or loss)

3. What Makes an action “Against the Law”
Criminal: based on malum per se (meaning that it is against the moral principles of society)
Punished with fines and/or loss of freedom through jail/ probation
Civil: based on malum prohibitum (meaning that these actions are against the law because someone has said so)
Like speeding and parking violations
They do not result in a loss of freedom, though they can result in loss of privileges or fines
Also deals with disagreements between citizens when no crime has been committed, or a separate cause of action even when a crime has been committed
The accused is found liable (more than 50% likely to have committed the act) or not liable

4. The Difference – How Did We Get Here?
William the Conquerer. took over England in 1066 and developed a strong, central government
Kings were only concerned about crimes that happened near to them or that impacted them directly
Concerned with “King’s Peace”: any act of violence that occurred where the king happened to be was seen as a direct assault against the king, even if you didn’t know he was there

5. It is still like this today:
King Henry II – Will’s great-grandson and the father of Richard the Lion-Hearted – expanded the King’s Peace to cover all of England at all times
Kings courts were fairer
Fines were paid to the king
Penalties were administered by the king
It is still like this today:
All criminal acts are viewed as a quarrel with the State
Why criminal cases are written as “Regina v. …”

6. Victims have since lost the right to be repaid for their losses
Criminal justice has changed its focus to be instead on the punishment of the Offender, rather than on how the victim should be paid back
The next step:
The belief that criminals were the product of a bad environment
Therefore, we move from punishment to rehabilitation

7. Criminal Law Part of Public Law
A criminal act occurred (something that is illegal, like theft, murder, fraud, etc.)
The State (police, government, courts, etc.) go after the offender and deal with them …
The victim does not have to defend him/herself; the State takes responsibility
Use of the word “guilty”  “responsible for a particular wrongdoing”

8. Criminal Law Terms: Crown: the crown/state prosecutor
Represented in Canada as “Regina” or “R.” to represent the Queen
Defendant: one accused of a crime
Sometimes called “the accused” in court
Results:
Penalty is punishment: fines, jail, etc.

9. Civil Law Part of Private Law
Law that deals with disagreements and relationships between individuals (or a group of individuals, like a corporation)
The person who’s upset has to take initiative (the State does not take action on his/her behalf)

10. Civil Law No use of the word “guilty”  instead, liable
“responsible by law” or “legally answerable”
Penalty is not jail or fines; rather, damages
Usually money to compensate for losses

11. Civil Law Examples: Breach of contract Family disputes
Property disputes
Loss due to injury, etc.
Slander
Terms:
Plaintiff: “complainant”, brings lawsuit
Defendant: one defending him/herself, being sued

12. Setting up OJ Simpson Trial
Important pre-trial facts:
OJ was arguably the best football player ever in his prime
A “feel good come back” story, resonated with the black community.
Lived a life of fame.
Race tensions in the US were high, especially between African Americans and the police forces
Sound familiar…….?