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Law School 101. Developed by Jeff Mornarich Sutherlin AST Ag Business, Leadership, and Economics. Civil Law vs Criminal Law. Civil Law: determines private rights and liabilities between two or more parties Criminal Law: offense against the authority of the state or government.
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Law School 101 Developed by Jeff Mornarich Sutherlin AST Ag Business, Leadership, and Economics
Civil Law vs Criminal Law • Civil Law: determines private rights and liabilities between two or more parties • Criminal Law: offense against the authority of the state or government
Civil Law vs Criminal Law • Litigation • Another term for a lawsuit (dispute between two or more parties re: civil or criminal law issues that occurs in a courtroom)
Litigation • The Parties • Plaintiffs • Defendants • Third Parties?
Litigation • Litigation • Criminal lawsuits vs civil lawsuits
Procedures • Civil Litigation • Subject to the rules of civil litigation, or civil procedure • Criminal • Criminal procedure; subject to constitutional rights • Both?
Burden of Proof • Civil Lawsuit • Plaintiff’s case must be proved by “a preponderance of the evidence” • Must convince the judge their version of the facts is more likely than not • Called ‘crossing the 51 percent line’
Burden of Proof • Criminal Lawsuit • Prosecutor must prove the case “beyond a reasonable doubt” • Judge/jury must believe the defendant’s guilt without significant reservations • 99% to 1%
Types of Cases • Civil Cases • Breach of contract • Negligence causing damage/injury • Assault causing injury • Determining ownership • Dissolving a marriage/business • Trespass • Product liability • Environmental contamination • Defamation of character • Embezzlement • More
Types of Cases • Criminal Cases • Murder • Robbery/theft • Assault • DUII • Criminal trespass • Driving w/o license • Vehicular hit/run • Disorderly conduct • Rape/sex crimes • Forgery or fraud • Furnishing alcohol to a minor • Arson and more