Civil and Criminal Courts
Civil and Criminal Courts CJ100
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This 2 page Class Notes was uploaded by Ashley Raby on Thursday February 26, 2015. The Class Notes belongs to CJ100 at University of Alabama - Tuscaloosa taught by Dr. Klutz in Fall. Since its upload, it has received 230 views. For similar materials see Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 02/26/15
Criminal vs Civil Courts Burden of Proof what the persecution must overcome in order to establish someone s guilt Defendantperson who the accusation is against Paintiffperson who brings and accusation against another person It is easier for the prosecutorplaintiff to win in civil cases because the burden of proof threshold is lower This means that you need less certainty of guilty to prove a conviction of being worthy Less certainty neededmore likely the charge will be upheld Criminal Courts 6th Amendment Burden of Proofquotguilty beyond a reasonable doubtquot Does NOT men absolute certainty about the defendant s guilt but very close to certain Certainty Quanti edaround 97 to 99 rather than 100 Needs such a high threshold because conviction would mean taking someone s rights away and you want to be as correct as possible before that occurs In criminal cases the government federal state local brings a suit against a person who believes has violated the law Governmentprosecutionplaintiff 0 Bring a suit againstprosecute Persondefendant How criminal cases are written ProsecutionPlaintiff vs Defendant Example People of the state of California vs OJ Simpson US vs Jones Civil Courts 7th Amendment 7th Amendment deals with civil courts Allows for a trial by jury in civil cases Burden of Proofquotpreponderance of evidencequot Certainty of guilt threshold is less than in criminal cases 0 Certainty quanti ed51 quotTortquotcivil wrong Example Try to get compensation from damages or injuries think lawsuits ln civil cases one party who feels they were wronged brings a complaint against another party 0 One partyplaintiff o The quotwrongedquot actiontort 0 Another partydefendant How civil cases are written Plaintiff vs Defendant Example Stella Liebeck vs McDonald s Restaurant McDonald s Hot Coffee Case
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