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Judicial Branch
Question | Answer |
---|---|
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 |