Adapted but by Amanda Wally, Katie Rie, Chris Tapia (2008)

SWBAT: Explain the differences between criminal and civil law.

Do Now: Discuss some differences with a partner (2-3 min).

Copy the following: You will complete.

• Define: Civil law• List two examples of civil

law.

• What are the differences b/w civil and criminal?

• Define: Criminal Law• List two examples of

criminal law

• Body of law pertaining to crimes against the state or conduct (felonies and misdemeanors) detrimental to society as a whole.

• Definition: Protects society and maintains order• Violation of criminal statues are punishable by law.

Jail, Prison, Parole, Probation: Community Supervision…

• Murder

• Rape

• Abuse

• Theft

• Trespassing

• Destruction of private property (Vandalism)

• Charges are pressed in degrees– 1st– 2nd– 3rd– Felony– Misdemeanor

– Bail is sometimes set for a person to be released from jail, sometimes people are released on their own recognizance . Arraignment: 1st time a defendant sees judge, bail set, lawyer appointed, plea entered…

• Civil law deals with private offenses, such as violations of contracts, failure of professional duty (sexual harassment, discrimination), Tort Law, Family Law.

• Def: Regulates relationships b/w people.• The standard of proof for crimes is higher than for civil

proceedings. ...(beyond a reasonable doubt 97-100%; Civil: by a preponderance of evidence 51% (Why?)

• Example: OJ Simpson Trial

• Tort Law

• Marriage

• Divorce

• Custody

• Adoption

• Contracts

• Order Of Protection

• Although civil law is not punishable by jail time- civil and criminal law go hand in hand a majority of the time.

• Civil law issues: orders of protection, custody/visitation rights, child support, etc.

• Criminal law comes into play when somebody violates court order (breaks an order of protection, or fails to pay their child support)…

• There are 12 jurors for a criminal case: All 12 agree• There are usually 6 jurors on a civil case (5/6) (Both vary depending on state)

Complete NOW

• Define: Civil law• List three examples of

civil law.

• Explain the differences b/w civil and criminal? Give an example

• Define: Criminal Law• List three examples of

criminal law

• How do the two intersect (sometimes overlap?)