Civil vs. Criminal Courts
Course
Law
Enforcement I
Unit III
United States
Legal Systems
Essential
Question
What is the
difference
between civil and
criminal law?
TEKS
§130.293(c)
(5)(E)
Prior Student
Learning
State and
Federal Court
Systems
Estimated Time
3 to 5 hours
Rationale
Police officers come across criminal and civil situations but can only legally
enforce criminal laws. It is important for them to be able to distinguish the
difference so they are not overstepping their bounds.
Objectives
The student will be able to:
1. List the differences between civil and criminal law
2. Explain why it is important for officers to know the difference
3. Create and role play a simulated call involving civil or criminal issues
4. Evaluate other students’ decisions made during the role play
Engage
Use the following scenarios for a class discussion. Use the Discussion Rubric
for assessment.
 An officer responds to a call involving a customer stealing property
from a store. Can the officer do anything about this? Why or why not?
 An officer responds to a call involving an upset customer. She claims
she bought a product that she is not happy with. She wants the store to
refund her money even though the store has a no refund policy. If they
don’t refund her money she wants to file a theft report. Can the officer
do anything about this? Why or why not?
 An officer responds to a call involving a friend who let another friend
borrow a car but has not received it back. Can the officer do anything
about this? Why or why not?
 O.J. Simpson was found not guilty in criminal court but guilty in civil
court. Why?
Key Points
I. What are the types of laws?
A. There are two types of laws:
1. Civil
2. Criminal
B. Constables enforce both types
C. Most other peace officers only enforce criminal law, but often come in
contact with civil law cases
II. Why is it important to know the difference?
A. Peace officers need to know the difference so they are aware of
when they can legally act on something
B. Officers are oftentimes called out to civil cases but cannot enforce
any laws
C. In these cases the officers are expected to maintain order and
ensure no violence occurs, or make an arrest if an assault does
1
Copyright © Texas Education Agency, 2011. All rights reserved.
occur
D. These are often called civil standbys
E. Examples of civil standbys are
1. Child custody drop off or pick up situations
2. Landlord and tenant disputes
F. Officers cannot enforce any court orders related to these calls but
can document for future court proceedings what occurred
G. Officers can always be called to testify as witnesses at a civil trial,
just like at a criminal trial
III. What is the difference?
A. Civil law – concerns the private rights of individuals and
organizations in which the government provides a public forum for
the resolution of disputes.
1. Deals primarily with individual or property rights
2. Involves a concept of responsibility but not guilt
3. Everyone involved is usually a private party
4. A dispute is usually set out in a petition
5. The court remedy is relief from or compensation for the violation
of legal rights
6. The burden of proof is considered to be a “preponderance of the
evidence” which means more likely than not the person accused
of the wrong did it
7. The one bringing the case is the plaintiff or petitioner and the
one defending is the respondent
8. Can include private law and contract law
a. Private law includes redress for non-criminal harm done to
another
b. Contract law regulates the varied legal transactions
between groups and individuals
9. The punishment is often monetary, which is paid to another
person or institution
B. Criminal law involves the violation of statutory laws in which the state
(the government) is the prosecutor. Some examples are arson, rape,
and armed robbery.
1. Deals with public concepts, proper behavior, and morality as
defined by law
2. The case is initiated by a government prosecutor on behalf of
the public
3. Specific charges of wrongdoing are spelled out in a grand jury
indictment or a writ of information
4. On arraignment, the defendant enters a plea of guilty or not
guilty
5. Has strict rules of procedure that are used to evaluate evidence
6. The state’s burden of proof is to prove a defendant’s guilt
“beyond a reasonable doubt” which is a much higher standard
than what has to be proven in a civil case
2
Copyright © Texas Education Agency, 2011. All rights reserved.
7. The prosecutor brings the charges and the defendant defends
themselves
8. Violations of statutory laws are called crimes
9. Serious crimes are called felonies and less serious ones are
called misdemeanors
10. The punishment for criminal law could be monetary, time spent
in jail or prison, probation, community service, or all of the
above, plus a report of it on a defendant’s criminal record if they
are found guilty
Activities
1. Have students complete the Civil vs. Criminal Courts Open-note Quiz.
2. Have students divide into pairs and write a scenario involving a call that
can be either a civil or a criminal matter. Have the students who write the
scenario role play the individuals involved in the call while a different pair of
students role play the officers who decide whether or not it is legal for them
to get involved. The officers must justify their decision to the class. Use the
Discussion and Role Play Rubrics as needed for assessment.
3. Have students imagine that they are an attorney who only deals with
criminal or civil law. Then have the students create an advertisement that
specifies their type of law by giving at least five common examples. The
goal is to make clear to their potential clients what situations they deal with.
Have the students present their advertisements. Computer-based
presentation software or poster boards with drawing materials may be
used. The Presentation Rubric may be used for assessment.
Assessments
Civil vs. Criminal Courts Exam and Key
Civil vs. Criminal Courts Open-note Quiz and Key
Discussion Rubric
Presentation Rubric
Research Rubric
Role Play Rubric
Materials
Civil vs. Criminal Courts computer-based presentation
Poster boards and drawing materials or computer-based presentation
software
Resources
020547893X, Criminal Justice, James Fagin, 2006.
111134471X, American Government and Politics Today (Texas Edition),
Steffen W. Schmidt, Mack C. Shelley, Barbara A. Bardes, Lynne E. Ford,
and William Earl Maxwell, 2011.
3
Copyright © Texas Education Agency, 2011. All rights reserved.
Accommodations for Learning Differences
For reinforcement, students will research the penal code, then list and explain
a specified number of crimes they find. This is to help them recognize a
criminal matter. Use the Research Rubric for assessment.
For enrichment, students will research the different types of civil standby calls
officers experience. Use the Research Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.293. Law Enforcement I (One to Two Credits).
(5)
The student explores the United States legal system and the
requirements for law enforcement. The student is expected to:
(E) compare the characteristics of civil and criminal court
systems.
College and Career Readiness Standards
Cross-Disciplinary
C. Problem solving
1. Analyze a situation to identify a problem to be solved.
2. Develop and apply multiple strategies to solve a problem.
3. Collect evidence and data systematical
4
Copyright © Texas Education Agency, 2011. All rights reserved.
Name________________________________ Date__________________________
Civil vs. Criminal Courts Exam
_____1. How many types of laws are there?
A. 1
B. 2
C. 3
D. 4
_____2. What are the types of laws referred to in the above question?
I. Civil
II. Criminal
III. Federal
IV. State
A.
B.
C.
D.
I
I, II
I, II, and III
I, II and IV
_____3. What type of law enforcement officer enforces all of the types of laws talked about?
A. Police officer
B. Constable
C. Marshall
D. Game Warden
_____4. What is not a reason peace officers need to know the difference between the laws?
A. So they know when they can legally act on something
B. So they know when they cannot legally act on something
C. So they can direct the parties involved to the best type of lawyers to handle their
situations
D. Both a and b
_____5. What is it called when officers are called out to calls that they cannot enforce any laws
on?
A. Civil standbys
B. Criminal standbys
C. Discretionary calls
D. Unauthorized calls
_____6. What would an example of the above be?
A. Child custody drop off or pick up situations
B. Landlord and tenant disputes
C. A customer has taken something for a business
D. A and B only
E. All of the above
_____7. What are officers expected to do during these calls?
5
Copyright © Texas Education Agency, 2011. All rights reserved.
I. Enforce the court orders
II. Maintain order
III. Assure no violence occurs
IV. Make an arrest if an assault occurs
V. Document what occurred
A. I, V
B. I, II, V
C. I, IV
D. II, III, IV, V
E. I, II, III, IV, V
_____8. While officers can always be called to testify at a criminal trial, since they deal mostly
with criminal matters, they cannot be compelled to testify at a civil trial.
A. True
B. False
_____9. In what type of law is the prosecutor the one who brings the charges and the
defendant the one on trial?
A. Civil Law
B. Criminal Law
_____10. In what type of law is the plaintiff the one who brings the charges and the respondent
the one on trial?
A. Civil Law
B. Criminal Law
_____ 11. What kind of civil law includes redress for harm done to another that is not criminal?
A. Private Law
B. Contract Law
_____12. What kind of civil law regulates varied legal transactions between groups and
individuals?
A. Private Law
B. Contract Law
_____13. What are violations of statutory law called?
A. Breaches
B. Fouls
C. Crimes
D. Wrongs
_____14. In what type of law is the punishment monetary, time spent in jail or prison, probation,
community service, or all of the above, plus a report on the defendant’s criminal
record if they are found guilty?
A. Civil Law
B. Criminal Law
_____15. In what type of law is the punishment often times monetary which is paid to another
person or institution?
6
Copyright © Texas Education Agency, 2011. All rights reserved.
A. Civil Law
B. Criminal Law
_____16. What kind of law concerns the private rights of individuals and organizations in which
the government provides a public forum for the resolution of disputes?
A. Civil Law
B. Criminal Law
_____17. What kind of law involves the violation of statutory laws in which the state (the
government) is the prosecutor?
A. Civil Law
B. Criminal Law
_____18. What kind of law has the burden of proof of “beyond a reasonable doubt”?
A. Civil Law
B. Criminal Law
_____19. What kind of law has the burden of proof of “preponderance of the evidence”?
A. Civil Law
B. Criminal Law
_____20. What kind of law deals primarily with individual or property rights?
A. Civil Law
B. Criminal Law
_____21. Some examples of this type of law are arson, rape, and armed robbery.
A. Civil Law
B. Criminal Law
_____22. In this type of law, determination of guilt results in punishment.
A. Civil Law
B. Criminal Law
_____23. This kind of law deals with public concepts of proper behavior and morality.
A. Civil Law
B. Criminal Law
_____24. With this kind of law the court remedy is relief from or compensation for the violation
of legal rights.
A. Civil Law
B. Criminal Law
_____25. What kind of law has strict rules of procedure that are used to evaluate evidence?
A. Civil Law
B. Criminal Law
7
Copyright © Texas Education Agency, 2011. All rights reserved.
Civil vs. Criminal Courts Exam Key
1. B
2. B
3. B
4. C
5. A
6. D
7. D
8. B
9. B
10. A
11. A
12. B
13. C
14. B
15. A
16. A
17. B
18. B
19. A
20. A
21. B
22. B
23. B
24. A
25. B
8
Copyright © Texas Education Agency, 2011. All rights reserved.
Name________________________________ Date__________________________
Civil vs. Criminal Courts Quiz
1. How many types of laws are there?
________________________________________________________________
2. What are the types of laws referred to in the above question?
a. ______________________________________________________________
b. ______________________________________________________________
3. What type of law enforcement officers enforce the types of laws discussed?
________________________________________________________________
4. What is a reason peace officers need to know the difference between the laws?
________________________________________________________________
5. What is it called when officers are called out to calls that they cannot enforce any laws
on?
________________________________________________________________
6. What would an example of the above be?
a. ______________________________________________________________
b. ______________________________________________________________
7. What are officers expected to do during these calls?
a. ______________________________________________________________
b._______________________________________________________________
c._______________________________________________________________
d._______________________________________________________________
8. In what type of law might officers have to testify?
________________________________________________________________
9
Copyright © Texas Education Agency, 2011. All rights reserved.
9. In what type of law is the prosecutor the one who brings the charges and the defendant
the one on trial?
________________________________________________________________
10. In what type of law is the plaintiff or petitioner the one bringing the case and the one
defending the respondent?
________________________________________________________________
11. What kind of civil law includes redress for harm done to another that is not criminal?
________________________________________________________________
12. What kind of civil law regulates varied legal transactions between groups and individuals?
________________________________________________________________
13. What are violations of statutory law called?
________________________________________________________________
14. In what type of law is the punishment monetary, time spent in jail or prison, probation,
community service, or all of the above, plus a report of this on a defendant’s criminal
record if found guilty?
________________________________________________________________
15. In what type of law is the punishment often times monetary which is paid to another
person or institution?
________________________________________________________________
16. What kind of law concerns the private rights of individuals and organizations in which the
government provides a public forum for the resolution of disputes?
________________________________________________________________
17. What kind of law involves the violation of statutory laws in which the state (the
government) is the prosecutor?
________________________________________________________________
18. What kind of law has the burden of proof of “beyond a reasonable doubt”?
________________________________________________________________
19. What kind of law has the burden of proof of “preponderance of the evidence”?
10
Copyright © Texas Education Agency, 2011. All rights reserved.
________________________________________________________________
20. What kind of law deals primarily with individual or property rights?
________________________________________________________________
21. Some examples of this type of law are arson, rape, and armed robbery.
________________________________________________________________
22. In this type of law, determination of guilt results in punishment.
________________________________________________________________
23. This kind of law deals with public concepts of proper behavior and morality.
________________________________________________________________
24. With this kind of law the court remedy is relief from or compensation for the violation of
legal rights.
________________________________________________________________
25. What kind of law has strict rules of procedure that are used to evaluate evidence?
________________________________________________________________
11
Copyright © Texas Education Agency, 2011. All rights reserved.
Civil vs. Criminal Quiz Key
1. 2
2. a. Civil
b. Criminal
3. Constables
4. So they know when they can legally act on something
5. Civil standbys
6. a. Child custody drop off or pick up situations
b. Landlord and tenant disputes
7. a. Maintain order
b. Assure no violence occurs
c. Make an arrest if an assault occurs
d. Document what occurred
8. Criminal and Civil
9. Criminal Law
10. Civil Law
11. Private Law
12. Contract Law
13. Crimes
14. Criminal Law
15. Civil Law
16. Civil Law
17. Criminal Law
18. Criminal Law
19. Civil Law
20. Civil Law
21. Criminal Law
22. Criminal Law
23. Criminal Law
24. Civil Law
25. Criminal Law
12
Copyright © Texas Education Agency, 2011. All rights reserved.
Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
13
Copyright © Texas Education Agency, 2011. All rights reserved.
Name:____________________________________
Date:_____________________________
Presentation Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs
Some
Improvement
1 pt. Needs
Much
Improvement
N/A
Pts.
Topic/Content
 Topic discussed completely and in-depth
 Includes properly cited sources (if used)
Creativity/Neatness
 Integrates a variety of multimedia
effects to create a professional
presentation (transition and graphics)
or appropriate visual aid used
 Title slide, table of contents,
bibliography are included, using
acceptable format
Mechanics
 Grammar, spelling, punctuation, and
capitalization are correct
 Image and font size are legible to the
entire audience
Oral Presentation
 Communicates with enthusiasm and eye
contact
 Voice delivery and projection are
dynamic and audible
Audience Interaction
 Presentation holds audience’s attention
and relates a clear message
 Clearly and effectively communicates the
content throughout the presentation
Total Points (20 pts.)
Comments:
14
Copyright © Texas Education Agency, 2011. All rights reserved.
Name______________________________________
Date_______________________________________
Research Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Question/goal
Student identified and communicated a question
or goal of the research
Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Conclusion/Summary
Student drew insightful conclusions and
observations from the information gathered.
Information is organized in a logical manner
Communication
Student communicated the information gathered
and summary or conclusions persuasively.
Student demonstrated skill in the use of media
used to communicate the results of research
Reflection
Student reflected on the importance of the
research and its potential application
Total Points (20 pts.)
Comments:
15
Copyright © Texas Education Agency, 2011. All rights reserved.
Name:____________________________________
Date:_____________________________
Role Play Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Relates to the audience
Provides fluent rendition of the
scenario
All required content is included
Acts with feeling and expression
Varies intonation
Presents characters appropriately
Gives the scenario its full range
Breaches are easily identified
Total Points (32 pts.)
Comments:
16
Copyright © Texas Education Agency, 2011. All rights reserved.