1. Shared Elements
1.1. Court Structures
1.1.1. Both civil and criminal cases can be heard at various levels of the court system, from trial courts to appellate courts, and potentially the supreme court.
1.2. Legal procedures
1.2.1. Pre-trial motions such as discovery and motions
1.2.2. Could include jury trials, but civil cases may be bench trials
1.3. Appeals
1.3.1. Both civil and criminal cases can be appealed to higher courts if one party believes there has been a legal error
2. Criminal Law
2.1. Purpose
2.1.1. To maintain public order and safety and punish wrongdoings/criminal behavior.
2.2. Parties involved
2.2.1. Plaintiffs are the government and defendant is a private party.
2.3. Standard of proof
2.3.1. The prosecution must prove beyond a reasonable doubt that the defendant is guilty by the standard of the law.
2.4. Types of cases
2.4.1. Crimes against another person/property
2.4.2. Fraud/embezzlement
2.4.3. Drug offenses
2.5. Outcomes
2.5.1. Incarceration
2.5.2. Probation
2.5.3. Community service
2.5.4. Execution
2.6. Representation
2.6.1. Defendants have the right to an attorney or if they can’t afford one, the state will provide one. The prosecution represents the government.
3. Civil Law
3.1. Purpose
3.1.1. Resolves disputes between individuals/groups to provide remedies for wrongs that are typically in the form of monetary compensation.
3.2. Parties involved
3.2.1. Plaintiff is a private party and defendant is also a private party
3.3. Standard of proof
3.3.1. Preponderance of the Evidence: The plaintiff must show that it is more likely than not that the defendant is liable.
3.4. Types of cases
3.4.1. Contract disputes
3.4.2. Property disputes
3.4.3. Family court (divorces, custody, etc.)
3.4.4. Personal injuries
3.5. Outcomes
3.5.1. Monetary damages
3.5.2. Specific performances
3.5.3. Declaratory judgements
3.6. Representation
3.6.1. Private attorneys who typically have legal costs.