Criminal vs. Civil Law Overview
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Questions and Answers

What distinguishes criminal law from civil law regarding the parties involved?

  • In criminal law, the parties are the state and the defendant. (correct)
  • In criminal law, the prosecution is usually handled by a private individual.
  • In civil law, the parties are typically the state and the prosecutor.
  • In civil law, only governmental bodies are involved.

What is the standard for judgment in civil cases?

  • Clear and convincing evidence
  • Preponderance of evidence (correct)
  • Equitable relief
  • Beyond a reasonable doubt

Which of the following best describes a felony in Texas?

  • An offense that results in immediate release without penalty.
  • A serious offense that may result in longer state prison sentences. (correct)
  • A less serious offense punishable by community service.
  • Any violation that can be resolved without court intervention.

What process follows after an arrest is made in a criminal case?

<p>Charge(s) are filed and an arraignment hearing is held. (B)</p> Signup and view all the answers

Which statement about the case loads of federal and state courts is accurate?

<p>State courts handle the vast majority of civil cases. (C)</p> Signup and view all the answers

At which level of the court hierarchy are questions of law answered?

<p>Always answered by judges (B)</p> Signup and view all the answers

Which aspect is unique to civil trials compared to criminal trials?

<p>They revolve around disputes between individuals. (D)</p> Signup and view all the answers

What percentage of criminal cases typically go to trial?

<p>Around 10% (A)</p> Signup and view all the answers

Flashcards

Criminal vs. Civil Law Origins

Criminal law addresses actions harming society, while civil law deals with disputes between individuals over unmet obligations or harms outside criminal prosecution.

Criminal Case Parties

In criminal cases, the state (through prosecutors) acts as the accuser against the defendant.

Criminal vs. Civil Trial Standards

Criminal trials require 'beyond a reasonable doubt' for a guilty verdict, while civil trials use a 'preponderance of evidence' standard.

Criminal Offense Types (Texas)

Misdemeanors are less serious (shorter jail time), while felonies are more serious (state prison).

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Court Case Load - Federal vs. State

State courts handle most cases (criminal and civil), while Federal courts deal with federal law issues, handling fewer cases compared to states.

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State Court Hierarchy

State courts have three levels: Trial courts, intermediate appellate courts, and a supreme court for appeals.

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Trial Court Questions

Trial courts primarily deal with questions of fact (by jury, if a jury trial) and sometimes questions of law, decided by the judge.

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Appellate Court Question

Intermediate appellate courts review lower court decisions for errors related to the application of the law.

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Study Notes

Criminal vs. Civil Law

  • Origin: Criminal cases arise from actions harmful to society; civil cases involve disputes over unmet obligations or harms not prosecuted criminally.
  • Parties: Criminal: state (prosecutor) vs. defendant; Civil: plaintiff vs. defendant.
  • Trial Percentage: Criminal trials: ~10%; Civil trial percentage not provided.
  • Trial Location: Criminal: county courtrooms; Civil: county courtrooms.
  • Decision Standard: Criminal: beyond a reasonable doubt; Civil: preponderance of evidence.
  • Outcomes: Criminal: guilty verdict leads to potential jail/prison time and/or fines; Civil: may apportion responsibility for loss among multiple parties (applicable for corporations treated as individuals).

Criminal Prosecution Process

  • Arrest: Initial step.
  • Charges & Arraignment: Filing charges, defendant's initial court appearance.
  • Grand Jury & Indictment: Evidence presented to grand jury, formal accusation (indictment).
  • Trial Process: Multiple hearings preceding the trial itself.

Criminal Offenses (Texas)

  • Misdemeanors: Less serious offenses, lighter penalties (county jail, community service, fines).
  • Felonies: More serious offenses, heavier penalties (state prison, county jail, community service, fines).

Civil Trial Process (Fallen Tree Example)

  • Nature of Dispute: Individual vs. individual dispute, not societal harm.

Court Caseloads

  • Federal Courts: Handle cases under federal law; fewer cases than state courts.
  • State Courts: Handle state law issues. Vast majority of cases (criminal and civil) in the US.

State Court Hierarchy

  • Trial Courts: Initial court where evidence is presented and cases begin.
  • Intermediate Appellate Courts: Review decisions of lower courts (trial courts).
  • Supreme Courts: Highest court of appeal, reviews decisions from intermediate appellate courts.

Court Questions & Levels

  • Questions of Fact: Determined by jury (if applicable) or judge depending on trial procedure.
  • Questions of Law: Determined solely by judge at all levels.
  • Implications of Wrong Level: Incorrectly addressing a question in the wrong court level creates problems that may need to be re-litigated eventually.

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Description

Explore the key differences between criminal and civil law in this informative quiz. Understand the origins, parties involved, trial percentages, and decision standards for both legal branches. This quiz will deepen your knowledge of the legal framework and its implications.

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