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… • • • • • • Murder Rape Abuse Theft Trespassing Destruction of private property (Vandalism) • Charges are pressed in degrees – – – – – 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 • • • • • • • 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?)
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