Criminal vs. Civil Law - White Plains Public Schools

Adapted but by Amanda Wally, Katie Rie, Chris Tapia (2008)
SWBAT: Explain the differences between
criminal and civil law.
Do Now: Discuss some differences with a
partner (2-3 min).
Copy the following: You will complete.
• Define: Civil law
• List two examples of civil
law.
• What are the differences
b/w civil and criminal?
• Define: Criminal Law
• List two examples of
criminal law
• Body of law pertaining to crimes against the state or
conduct (felonies and misdemeanors) detrimental to
society as a whole.
• Definition: Protects society and maintains order
• Violation of criminal statues are punishable by law.
Jail, Prison, Parole, Probation: Community
Supervision…
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Murder
Rape
Abuse
Theft
Trespassing
Destruction of
private property (Vandalism)
• Charges are pressed in degrees
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1st
2nd
3rd
Felony
Misdemeanor
– Bail is sometimes set for a person to be released
from jail, sometimes people are released on their
own recognizance . Arraignment: 1st time a
defendant sees judge, bail set, lawyer appointed,
plea entered…
• Civil law deals with private offenses, such
as violations of contracts, failure of
professional duty (sexual harassment,
discrimination), Tort Law, Family Law.
• Def: Regulates relationships b/w
people.
• The standard of proof for crimes is higher than for civil
proceedings. ...(beyond a reasonable doubt 97-100%;
Civil: by a preponderance of evidence 51% (Why?)
• Example: OJ Simpson Trial
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Tort Law
Marriage
Divorce
Custody
Adoption
Contracts
Order Of Protection
• Although civil law is not punishable by jail time- civil
and criminal law go hand in hand a majority of the time.
• Civil law issues: orders of protection, custody/visitation
rights, child support, etc.
• Criminal law comes into play when somebody violates
court order (breaks an order of protection, or fails to
pay their child support)…
• There are 12 jurors for a criminal case: All 12 agree
• There are usually 6 jurors on a civil case (5/6) (Both vary
depending on state)
Complete NOW
• Define: Civil law
• List three examples of
civil law.
• Define: Criminal Law
• List three examples of
criminal law
• Explain the differences
b/w civil and criminal?
Give an example
• How do the two intersect
(sometimes overlap?)