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Questions and Answers
What distinguishes criminal law from civil law regarding the parties involved?
What distinguishes criminal law from civil law regarding the parties involved?
What is the standard for judgment in civil cases?
What is the standard for judgment in civil cases?
Which of the following best describes a felony in Texas?
Which of the following best describes a felony in Texas?
What process follows after an arrest is made in a criminal case?
What process follows after an arrest is made in a criminal case?
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Which statement about the case loads of federal and state courts is accurate?
Which statement about the case loads of federal and state courts is accurate?
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At which level of the court hierarchy are questions of law answered?
At which level of the court hierarchy are questions of law answered?
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Which aspect is unique to civil trials compared to criminal trials?
Which aspect is unique to civil trials compared to criminal trials?
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What percentage of criminal cases typically go to trial?
What percentage of criminal cases typically go to trial?
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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.
