Criminal Law vs Civil Law

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Questions and Answers

In civil cases involving accidental injuries, what is the primary goal?

  • To establish new civil laws regarding accidents.
  • To determine if a crime was committed.
  • To punish the person who caused the accident.
  • To ensure the injured party is compensated for their loss. (correct)

Which of the following scenarios falls under the umbrella of civil law, even if it doesn't involve a dispute?

  • Reporting someone for tax fraud
  • Drafting a will (correct)
  • A dispute between neighbors regarding property lines
  • A case of armed robbery

Why do the military and people under 18 have separate legal systems?

  • They are not considered full citizens under the law.
  • Their cases are too complex for regular courts.
  • To ensure their unique circumstances are handled appropriately. (correct)
  • They are exempt from certain regular laws.

What is the name of the system of criminal laws that applies to individuals in the military?

<p>The Uniform Code of Military Justice (UCMJ) (C)</p> Signup and view all the answers

What is a military trial called?

<p>A Court-Martial (A)</p> Signup and view all the answers

What does the Manual for Courts-Martial primarily explain?

<p>How military trials must operate and details about the laws in the UCMJ. (A)</p> Signup and view all the answers

How does the military justice system differ from the civilian system?

<p>The military justice system has its own unique laws and procedures tailored to the needs of the military. (C)</p> Signup and view all the answers

Which of the following actions could be considered a violation of the UCMJ but NOT a violation of civilian law?

<p>Leaving the military without permission (A)</p> Signup and view all the answers

Which of the following scenarios would be exclusively handled under criminal law?

<p>An individual accused of robbery. (D)</p> Signup and view all the answers

A person is accused of a crime. Which party is always on one side of the case in a criminal trial?

<p>The government. (A)</p> Signup and view all the answers

What is the key distinction between felonies and misdemeanors?

<p>Felonies are more serious crimes with punishments typically exceeding one year in jail, while misdemeanors have lesser penalties. (D)</p> Signup and view all the answers

In a civil case, what is the primary goal of the legal process?

<p>To resolve disagreements and disputes between individuals or entities. (D)</p> Signup and view all the answers

Which area of law would govern a dispute over the terms of a sales contract?

<p>Civil law. (B)</p> Signup and view all the answers

If a defendant is found not guilty in a criminal trial, what is the legal term for the outcome?

<p>Acquitted. (A)</p> Signup and view all the answers

Which of the following actions is MOST likely to be classified as a misdemeanor?

<p>Simple assault resulting in minor injuries. (D)</p> Signup and view all the answers

How does the volume of civil laws compare to that of criminal laws?

<p>There are significantly more civil laws than criminal laws. (D)</p> Signup and view all the answers

Flashcards

Criminal Laws

Laws that define actions as crimes.

Felony

A serious crime usually punishable by more than a year in jail.

Misdemeanor

A less serious crime, usually punishable by less than a year in jail or a fine.

Defendant (Criminal)

The person accused of a crime in a criminal trial.

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Acquitted

To be found not guilty of a crime.

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Civil Laws

Laws that deal with disputes between individuals or organizations.

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Purpose of Civil Law

Settling disagreements between people.

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Defendant (Civil)

The person or party against whom a claim or lawsuit is brought in a civil case.

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Judge or Jury Role

The person who decides the facts and solutions in a case.

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Civil Injury Case

A disagreement where someone has been injured, not necessarily a crime.

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Civil Law (Agreements)

Legal rules for creating wills or contracts.

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Special Legal Systems

Legal systems designed for specific groups like the military or minors.

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Military Law

Laws that apply to members of the military.

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Uniform Code of Military Justice (UCMJ)

A set of criminal laws for the military.

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Court-Martial

A military trial.

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Manual for Courts-Martial

A guide detailing trial procedures and UCMJ laws.

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Study Notes

  • Laws are divided into two main categories: criminal and civil
  • Courts treat criminal and civil cases differently

Criminal Law

  • Criminal laws define actions as crimes
  • Criminal laws are found at the federal, state, and local levels of government
  • These laws appear in statutes, regulations, and state constitutions
  • Felonies are serious crimes punishable by over a year in jail
  • Misdemeanors are less serious, penalized usually with less than a year in jail, or a fine
  • Laws specify whether violations are felonies or misdemeanors, further classified by severity
  • A criminal trial asks, "Did this person commit a crime?"
  • The government charges the accused
  • The defendant is either acquitted or found guilty, facing fines or jail time

Civil Law

  • Civil law addresses non-criminal issues such as property, divorce, contracts, wills, injury, bankruptcy, employment, agriculture and taxes
  • Civil laws help settle disagreements, such as property rights, child custody, and contract disputes
  • Both sides present their case, and a judge or jury decides the facts and remedy
  • Civil cases also cover injury not caused by crime where agreement on compensation must be reached
  • Civil law also covers making a will or drawing up a contract

Special Systems of Law

  • Two law systems operate differently: military and juvenile
  • Unique populations and circumstances necessitate specialized systems
  • U.S. Constitution grants Congress power to regulate land and naval forces via the Uniform Code of Military Justice (UCMJ)
  • The UCMJ lists criminal laws, trial procedures, and punishments applicable to military personnel
  • The military justice system is separate from the civilian system because UCMJ contains laws specific to the military
  • UCMJ addresses military-specific offenses (leaving without permission, disrespecting superiors, disobeying orders)
  • All military members are subject to the military justice system

Juvenile Law

  • Criminal laws generally apply to everyone, but most states have a juvenile justice system for offenders under 18
  • The juvenile justice system is more flexible than the adult system
  • Judges consider various factors in a child's life
  • The juvenile system gives young people chances to learn from mistakes
  • Laws like curfew and school attendance are targeted at people under 18
  • Laws protect children from abuse
  • Most states outline procedures when an abused child is removed from their home
  • Adoption, foster care, and special health and education programs are included
  • Delinquent: A minor found guilty of a crime
  • Status Offender: A minor who breaks a law that would not apply to adults (e.g., skipping school)
  • Child Protective Services: A government agency that responds to child abuse or neglect reports

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