CE.10cThe Judicial System Civil and Criminal -
Key
CE.10c Courts resolve two kinds of legal conflicts, civil and criminal.
With your partner, choose two clients - one from each box.
❏ Joey Pecks was sued for breach of contract for
failing to pay monthly gym membership dues
❏ Justin Bebron was cited for driving while
intoxicated.
❏ A student was expelled for bringing a “weapon”
(BB gun) to school.
❏ Tina Teen was cited for underage drinking at a
party
❏ Hank Handyman was sued for poor workmanship
of a fence on a private property
❏ Harry Hoodlum was arrested for breaking &
entering a neighbor’s house and using their
indoor hot tub while they were on vacation
❏ Melissa M is planning to protest the primary
election and wants to know if she could get in
trouble.
❏ Tonya Terrorist was arrested for plotting an
attack against the White House.
Client #1:
Client#2:
Watch this video and define the terms below. http://study.com/academy/lesson/criminal-law-vs-civil-law-definitionsand-differences.html
Term
Definition
Term
Definition
criminal case
case involves the prosecution of a
crime
civil case
case involves a legal dispute between
private parties
criminal law
set of rules and regulations
describing behaviours prohibited by
the government
civil law
Dealing with private rights and
remedies governing disputes between
individuals, groups and organization.
parties
people or entities involved in a
court case
acquitted
found not guilty
liable
found to be legally responsible for
the damage done to another party
cause of action
legal basis or claim allowing one
party to seek a court judgement
against another
prosecution
legal cause of action where
someone is charged with a crime.
crime
wrongs for which the government
prescribes a legal punishment.
Law Firm Name:
Prepare for your client interview by filling out the client worksheet below. You can use the websites
cited below or do your own independent research.
Client #1:
Accused of:
Criminal or Civil:
Why?
How this case will proceed in the courts :
Step 1 (How the case starts):
Step 2:
Step 3:
Additional steps:
Client #2:
Accused of:
Criminal or Civil:
Why?:
How this case will proceed in the courts :
Step 1 (How the case starts):
Step 2:
Step 3:
Additional steps:
helpful websites:
http://www.virginiarules.com/virginia-rules/civil-law;
http://research.lawyers.com/virginia/va-filing-a-small-claims-suit.html;
http://www.virginiarules.com/virginia-rules/criminal-law; http://litigation.findlaw.com/filing-a-lawsuit/civilcases-vs-criminal-cases-key-differences.html
procedure:http://www.americanbar.org/groups/public_education/resources/law_relate_education_network/how_c
ourts_work/pretrial_criminal.html
The Judicial System - Exit ticket
In a criminal case, a court determines whether a person accused of breaking the law is guilty or
not guilty of a misdemeanor or felony.
In a civil case, the court settles a disagreement between two parties to recover damages or
receive compensation.
Procedure for criminal case:
1. Person accused of a crime may be arrested if probable cause.
2. Accused may be committed to jail or released on bail.
3. Case proceeds to an arraignment where probable cause is reviewed, an attorney may be
appointed and a plea is entered.
4. Court date is set and a trial is conducted.
5. Verdict rendered - guilty/not guilty
6. Guilty verdict may be appealed.
Procedure for civil case:
1.
2.
3.
4.
5.
Plaintiff files a complaint to recover damages or receive compensation.
Complaint answered and trial date set.
Cases can be heard by a judge or a jury.
Decision is rendered
Case can be appealed by either party.
CE.10a The Judicial System - Court System KEY
Name:
Block:
Your client doesn’t understand the court system. You need to explain it to them. Do the research and
answer the questions below so you are prepared for their questions. You will need to look at a couple of
different websites to be able to fully answer the questions.
What does the term jurisdiction mean?
The power, right, or authority to interpret and apply the law
What kind of jurisdiction do state courts have? State courts are courts of "general jurisdiction". They hear
all the cases not specifically selected for federal courts. Just as the federal courts interpret federal laws, state
courts interpret state laws. Each state gets to make and interpret its own laws. This helps the states retain power,
and makes sure that the national government does not become too strong.
What kind of jurisdiction do the federal courts have (what kinds of cases can they hear)? Basically,
federal courts hear only 2 types of cases; those that raise a "federal question" and those involving
“diversity of citizenship".
How is the US Court system structured?
US Supreme Court: Justices, no jury
 Appellate jurisdiction
 Limited original jurisdiction
US Court of Appeals: Judges, no jury
 Appellate jurisdiction
US District Court: Judge, no jury
Draw a picture or cut and paste a diagram on the next page
Helpful websites:
Federal Court
http://www.ushistory.org/gov/9b.asp
http://www.uscourts.gov/about-federal-courts/court-role-and-structure/comparing-federal-state-courts
http://judiciallearningcenter.org/levels-of-the-federal-courts/
Virginia
http://www.courts.state.va.us/courts/home.html
http://www.virginiarules.com/virginia-rules/introduction-to-virginias-judicial-system
Client #1:
Court where case will be heard / tried?
Why this court?
Will the case be heard by a judge or jury?
Client #2:
Court where case will be heard / tried?
Why this court?
Will the case be heard by a judge or jury?
CE.10b The Judicial System - Judicial Review - KEY
Name:
Block:
Your client has asked you whether their case is subject
to judicial review. Do some research and watch these videos.
https://www.youtube.com/watch?v=YFFZYJzv8-I http://study.com/academy/lesson/what-is-a-judicialreview-procedure-definition-quiz.html
Other websites:
http://judiciallearningcenter.org/the-power-of-judicial-review/
Be prepared to answer the following questions.
What is the power of “judicial review”?
The Supreme Court of the United States and VA determine the constitutionality of laws and acts of the
executive branch of government. This power is called “judicial review”.
What court case established the power of judicial review?
Marbury vs. Madison.
Are state laws subject to judicial review?
Yes. State laws must conform to the VA and US Constitutions
What is “due process” of law? http://www.merriam-webster.com/dictionary/due%20process
The constitutional protection against unfair governmental actions and laws.
http://www.usconstitution.net/consttop_duep.html
Which Amendment to the US Constitution prohibits the national government from acting in an unfair
manner?
The Fifth Amendment
Which Amendment to the US Constitution prohibits state and local governments from acting in an
unfair manner?
14th Amendment
The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause.
Due process deals with the administration of justice and thus the due process clause acts as a safeguard from
arbitrary denial of life, liberty, or property by the Government outside the sanction of law.[1
The Supreme Court of the United States interprets the clauses more broadly because these clauses provide
four protections: procedural due process (in civil and criminal proceedings), substantive due process, a
prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights. Due process
ensures the rights and equality of all citizens.
]
The Supreme Court has extended the guarantees of the Bill of Rights, based upon the due
process clause.
If the 4th Amendment prohibits schools from conducting unreasonable searches and seizures of a
student’s possessions or lockers, how does the 5th Amendment come into play?
The Fourth Amendment is concerned with privacy and making sure that government entities,
such as public schools, do not get overzealous in investigating violations.
The Fifth Amendment is concerned with fundamental fairness. It means that school officials
cannot hold or punish a student without stating the reason and providing an opportunity to
contest the charges.
- See more at: http://www.centerforpubliceducation.org/Main-Menu/Public-education/Thelaw-and-its-influence-on-public-school-districts-An-overview/Search-and-seizure-dueprocess-and-public-schools.html#sthash.QhvTWqE3.dpuf
Marbury v. Madison
Definition: First decision by the Supreme Court to declare a law unconstitutional (1803).
Here is a summary:
 At the very end of his term, President John Adams had made many federal
appointments, including William Marbury as justice of the peace in the
District of Columbia.
 Thomas Jefferson, the new president, refused to recognize the appointment
of Marbury.
 The normal practice of making such appointments was to deliver a
"commission," or notice, of appointment. This was normally done by the
Secretary of State. Jefferson's Secretary of State at the time was James
Madison.
 At the direction of Jefferson, Madison refused to deliver Marbury's
commission. Marbury sued Madison, and the Supreme Court took the case.
 Chief Justice John Marshall wrote that the Judiciary Act of 1789, which
spelled out the practice of delivering such commissions for judges and
justices of the peace, was unconstitutional because it the gave the Supreme
Court authority that was denied it by Article III of the Constitution. Thus, the
Supreme Court said, the Judiciary Act of 1789 was illegal and not to be
followed.
This was the first time the Supreme Court struck down a law because it was
unconstitutional. It was the beginning of the practice of "judicial review."