Today`s Ppt

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Please…

Log into Moodle and complete today’s Bell Ringer
Trial Courts

For the next few days, we will be zooming in on the
trial courts
 What
do you know about the difference between civil
and criminal cases at this level?
Civil Law

Civil law seeks to resolve non-criminal disputes such
as:
disagreements over the meaning of contracts,
 property ownership,
 divorce,
 child custody, and
 Personal damages and property damage

Civil Law

Civil law covers a wide spectrum of topics. Some of
these topics are:
consumer law
 international law
 agricultural law
 employment law
 animal law
 entertainment law
 business law
 family law
 tax law
 intentional torts such as libel, slander, defamation of
character, battery and assault.
 negligence

Parties in a Civil Law Case

Plaintiff
 Person
who feels he or she has not been treated fairly
by another person and seeks a solution in a civil court.
 Has to prove that he or she was treated unfairly.

Defendant
 Person
who the plaintiff claims has treated him or her
unfairly.
Please log into Moodle…

Download “Criminal vs Civil Cases – Chapter 4
Notes”
Differences Between Criminal and Civil
Law
Civil Law

Civil Law deals with
wrongs done against
an individual
Criminal Law

Criminal law is the
body of statutory and
common law that deals
with wrongs done
against society
Differences Between Criminal and Civil
Law
Civil Law


The burden of proof in a
civil trial is “preponderance
of the evidence” which
sometimes is defined as
“more likely than not” (at
least 50% of the evidence
supports the guilty claim
Who has the burden of
proof?

The Plaintiff
Criminal Law

The burden of proof in
a criminal trial is proof
“beyond a reasonable
doubt”


The vast majority of the
evidence (90%) supports
the guilty verdict
Who has the burden of
proof?

The federal or state
government
Differences Between Criminal and Civil
Law
Civil Law


Criminal Law
The loser in a civil case
cannot be imprisoned,
even if he or she
cannot pay the
damages.
Who brings forth the
case in a civil action?
 The
plaintiff


Punishment may be
fine and/or
imprisonment.
Who brings forth the
case in a criminal
action?
 The
government
Differences Between Criminal and Civil
Law
Civil Law


Either party may
appeal in a civil case.
Both parties may be
anybody, including
governments,
corporations and
individuals.
Criminal Law


Only the defendant
may appeal in a
criminal case.
Plaintiff is always the
state or federal
government.
Differences Between Criminal and Civil
Law
Civil Law

Civil Law is established
both through state and
federal statutes and
through court decisions.
Criminal Law



The jury decision must
be 9-3 for the plaintiff
to win. (States vary)
State or federal
statues always
establish criminal law
The jury decision in a
criminal trial must be
unanimous.
Differences Between Criminal and Civil
Law
Civil Law

In a civil case, the
plaintiff and the
defendant may both
be found partially
right and partially at
fault.
Criminal Law

In a criminal case, the
defendant is either
guilty or not guilty.
Case Problems

Please answer the case problems at the end of your
notes, based on what we’ve learned from chapter 4.
 Justify
your answer by explaining why you answered the
way you did.
Case Problems
Gomez wanted to sue Shapiro for breach of
contract but could not afford the expense and
time delays associated with litigation. What
alternatives are available to resolve this matter?
Answer: Direct negotiation, mediation, and arbitration
Both are much cheaper than litigation
1.
Case Problems
2. June lost her case in the trial court. She thought that
the plaintiff, Sid, had lied during the trial. On
appeal, she requested that she be allowed to
appeal and explain why she thought Sid had lied.
Will her request be granted?
Answer: No, only trial courts hear testimony
Case Problems
3. The Spirit Club of Central High contracted with
Martinez and her rock band to play at the
homecoming dance. The price agreed upon was
$750. On week before the event, Martinez
notified the club president that the band members
were ill and could not play. IN reality, they
appeared at another event. The club hastily hired
a replacement band that charged $1,000. Is the
club justified in suing Martinez? If so, in what court
would the club probably sue and for how much?
What would happen if the club did file suit and
Martinez ignored the summons and the complaint
filed by the club?
Case Problems
Answer: The club could sue Martinez for breach of
contract. The club would probably sue in small
claims court and collect $250. If Martinez ignored
the summons and complaint, the club would win a
default judgment.
Case Problems
4. Mike ran into the rear of Sharon’s new car, causing
$32,000 in personal injury and property damage.
Sharon won a civil judgment for the amount of the
damages, but weeks have passed and Mike still has
not paid. What can Sharon do?
Answer: Sharon can obtain a writ of execution and
take Mike’s property and sell it to satisfy the
judgment.
Please…

Log back into Moodle and complete today’s Exit
Slip
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