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WHAT’S THE DIFFERENCE BETWEEN CRIMINAL LAW AND CIVIL LAW?. CRIMINAL LAW Misdemeanors (less than one year in jail) and Felonies (more than one year in jail). The national, state, or local government (Prosecutor) claims a person (the Defendant) committed a crime.
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WHAT’S THE DIFFERENCE BETWEEN CRIMINAL LAW AND CIVIL LAW? CRIMINAL LAW • Misdemeanors (less than one year in jail) and Felonies (more than one year in jail). • The national, state, or local government (Prosecutor) claims a person (the Defendant) committed a crime. • If found guilty by a judge or jury the Defendant is sentenced to either jail, probation, community service, and/or a fine. CIVIL LAW • A person or group that has a complaint against another person or group. • Plaintiff sues a Defendant and a judge must determine guilt based on facts, evidence, and testimony. • If Plaintiff wins the case the Defendant must pay money (damages) or stop doing what they were charged with. • The defendant never goes to jail if found guilty in a Civil case.
Name ______________________________ Criminal Law and Civil Law Trial Courts are divided into Criminal and Civil Cases The courts protect citizens from each other by handling civil cases (disputes between two or more persons or groups) and criminal cases (cases involving violations of the laws). Civil lawsuits are personal; that is, they do not affect all of society. Civil law covers such issues as citizenship, property rights, contracts, marriage and divorce, child custody, and inheritance. The person or group who brings the legal action is called the plaintiff, and the person or group against whom the legal action is brought is called the defendant. The state (called the prosecution) brings criminal charges against an individual, and a trial determines the guilt of the defendant. Crimes are divided into felonies and misdemeanors. A felony is a serious crime such as murder or burglary, punishable by a year or more in prison, a fine of at least $1,000, or both. A misdemeanor is less serious crime punishable by less than a year in prison, a fine of less than $1,000, or both. Criminal or Civil? Directions: Indicate whether each of the following situations would be a criminal case or a civil case. Tell why you think that is the case. 1. Arson: Criminal or Civil? Why? ______________________________________________________ 2. Divorce: Criminal or Civil? Why? ______________________________________________________ 3. Mr. Jones’ tree falls on Mr. White’s house. Small property damage: Criminal or Civil? Why? ______________________________________________________ 4. Kidnapping: Criminal or Civil? Why? ______________________________________________________ 5. Failure to pay income tax: Criminal or Civil? Why? ______________________________________________________ 6. Noisy dog: Criminal or Civil? Why? ______________________________________________________ 7. Car theft: Criminal or Civil? Why? ______________________________________________________ 8. Drug dealing: Criminal or Civil? Why? ______________________________________________________ 9. Violation of a business contract: Criminal or Civil? Why? ______________________________________________________ 10. Murder: Criminal or Civil? Why? ______________________________________________________ Now, in your own words, explain the difference between a criminal case and a civil case:
Criminal or Civil Case? Directions: Indicate whether each of the following situations would be a criminal case or a civil case by circling the correct answer. 1. Arson: Criminal Civil 2. Divorce: Criminal Civil 3. Mr. Jones’ tree falls on Mr. White’s house. Small property damage: Criminal Civil 4. Kidnapping: Criminal Civil 5. Failure to pay income tax: Criminal Civil 6. Noisy dog: Criminal Civil 7. Car theft: Criminal Civil 8. Drug dealing: Criminal Civil 9. Violation of a business contract: Criminal Civil 10. Murder: Criminal Civil Ways to Solve Disputes Peacefully - Conflict Resolution Match the description to the correct method. Column A Column B ___1. Mediation A. The two sides sit with a 3rd non-partisan party appointed by the state to settle the conflict ___2. Arbitration B. The two sides both agree to give up something which settles the dispute. ___3. Compromise C. The two sides agree to attend non-physical classes and community service. ____4. Negotiation D. The two sides sit down with a friend or peer to talk out a settlement. ____5. Collaboration E. The two sides both agree they will meet with a group of people to work out the details of the settlement. ____6. Nonviolence F. Both sides talked to a court representative and worked out a deal which settles the dispute.