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Civil and Criminal Cases
Objective(s):
• What is the procedure for a civil case?• What are the characteristics of criminal law?• Why do we punish criminals?
Types of Civil Cases
• Lawsuits (someone sues another person from monetary damages)
• Divorce• Personal Injury• Contract Issues• Negligence(Someone was careless and
caused an accident)
Suits of Equity
• Ask the court to judge fairness of an action in which there is no law
• Usually seek to prevent an action
• Injunction(a court order to do or
not do something)
Steps in a Civil Court Case• File a complaint• Summons is given
(paper requiring you appear in court)
• Attorney’s exchange pleadings that list reasons for lawsuit
• Information is presented to the court
• Judge or Jury deliberates (decides)
• Verdict (decision) is given
Criminal Laws
• Crimes can be found in the state Penal Code
• Penal Code(Written laws and
punishments created by the state and federal governments)
Types of Criminal Cases
• Misdemeanor (small crime)• Felony (Major crime)• Crimes against property– Larceny (stealing)– Vandalism (intentionally destroying property)– Fraud (lying to get property/ money from someone)
• Crimes against people– Murder, Rape, Kidnapping, etc.
• Victimless crimes – Drug use, gambling, etc.
Criminal Penalties
• Felonies get more severe punishments– Long term prison/jail, Capital
punishment, Life in prison• Misdemeanors get less severe– Probation, fines, short stay in jail,
community service– Probation (person is released
from jail but must check in with a person each month and follow the laws until time given is up)
Why do we punish criminals?
Rehabilitation ( to make them better law
abiding citizens)Deterrence (To stop them from committing
crimes again)Retribution(To make the person pay for the
harm they have done to others- revenge)
How does a judge decide the punishments for crimes?
• Indeterminate SentencingJudge can give a minimum and maximum range for the criminal to serveEx. 20 years –life
• Criminal may get out on parole after minimum years are servedParole (being released from prison for good behavior)
• Mandatory SentencingJudge must give a specific number of years for a specific crime
3 Strikes Law
• Criminals found guilty of 3 felonies must get a mandatory sentence with no chance for parole and sometimes a longer sentence– 24 states have these laws