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Judicial Branch

QuestionAnswer
Define criminal law Crime against the government (breaks the law or society)
Define civil law Disputes between individuals
Criminal case filed by local, state, or national government
Civil case filed by Individuals/ private parties
Criminal types felonies: more serious crimes, more then a year in prison misdemeanors : less then a year in jail
Civil types Torts, contracts, properties, family law, (sueing)
Criminal burden of proof beyond a reasonable doubt (they have to proof that your guilty)
Civil burden of proof preponderance of evidence
Criminal examples theft, assault, robbery, murder, trafficking in controlled substances
Civil examples rent agreements, divorce, child custody, property disputes/damages, personal injuries
Criminal punishment incarceration in jail, fine paid to the government, probation, some exceptions death
Civil punishment never incarcerated, never executed, only reimbursed, plaintiff for losses caused by defendants behavior
Who can appeal ( Criminal ) only defendant, prosecution cannot appeal if the defendant is not guilty ( double jeopardy )
Who can appeal ( Civil ) Either party can appeal
Role of plaintiff Person filing claim or complaint
Role of defendant Person claim or complaint is filed against
original jurisdiction Held by court in which the case was first heard.
appellate jurisdiction held by court that hears case on appeal from a lower court after original hearing
main functions of the district courts handles majority of the federal court case load
three main functions of the courts interpret the laws, settle disputes, set precedents
writ of certiorari request by either party in case, writ from higher court directing a lower court to send a case for review
Created by: sflores8105