TYPES OF LAW

CIVIL LAW• Civil Law deals with wrongs

against a group or individual.

• The harmed individual becomes the plaintiff in a civil law suit and the wrongdoer is the defendant.

• Burden of proof: preponderance of the evidence

• The defendant who loses the judgment in a civil case will not be punished with jail or other penalties associated with criminal law unless case involves a criminal act.

• Usually has to pay $$$

CIVIL LAW CASES

What types of cases appear in the Civil court system?

CRIMINAL LAW• Criminal Law regulates public

conduct and sets out duties owed to society

• A crime is considered a wrong against all of society, even though there is usually a specific victim.

• A criminal case is a legal action brought by the government against a person charged with committing a crime

• The state or people is the prosecution. The action is taken against the person charged, the defendant.

• Burden of proof- beyond a reasonable doubt

• The criminal may receive (imprisonment, fines, supervision, other)

CRIMINAL LAW CASES

What types of cases appear in the Criminal court system?

REFLECTION• What are the

main differences between civil and criminal law?

FELONIES VS. MISDEMEANORS• Misdemeanor – a

criminal offense, less serious than a felony, punishable by a jail sentence of one year or less.

• Felony – a serious criminal offense punishable by a prison sentence of one year or more

REFLECTION

• What types of crimes would be considered misdemeanors

• What types of crimes would be considered felonies?

JUVENILE LAW

• Laws that specifically deal with young people under a certain age set by the state

• Theory behind juvenile law has always been rehabilitation rather than punishment

IN RE GUALT (1967)• Supreme Court

decision that states that juveniles have the same rights as adults on trial.

• Due Process• Informed of charges• Right to remain silent• Right to face accuser• Right to an attorney• Right to appeal case

Although some states by statute or court ruling give youth a right to a jury trial, the U.S. Supreme Court held in 1971 that they have no constitutional right to a jury trial.

JUVENILE LAW (CONTINUED)

• Juveniles may be tried as adults in certain circumstances (e.g. rape, assault, murder, robbery)

• Do you believe juveniles should ever be tried as adults? Why or why not?

REFLECTION• Do you believe

juveniles deserve more, less, or the same rights as adults have in the criminal justice system? Explain your thinking.

CONSTITUTIONAL LAW• Cases involving appeals

from the lower courts are considered by the U.S. Supreme Court

• 9 Justices appointed by the President and confirmed by the Senate review

• Pick and choose which cases they will hear

• Justices have the authority to interpret the meaning of the Constitution and all federal laws

REFLECTION QUESTION• What are some types of

cases the U.S. Supreme Court might hear?