Criminal Law vs Civil Law Flashcards
Criminal Law
Violation against society as a whole
Who can bring criminal charges?
Only the government, through the prosecutor, can bring charges
How much discretion does the prosecutor have when filing criminal charges?
Unlimited discretion
What is presumed in a criminal case?
Defendant is innocent until proven guilty
Who has the burden of proof in a criminal case?
On the government to prove Defendant committed the crime beyond a reasonable doubt. (99%)
How does voting work in a criminal case?
Jury has to be unanimous (12/12)
Hung Jury
Can’t decide on a case
Civil Law
Regulates interactions between individuals like divorces, contract breaches, and torts.
What are the two parties in a civil lawsuit?
Plaintiff and Defendant
Plaintiff
Person bringing the lawsuit
Defendant
Person or business being sued
Who is the burden of proof on in a civil lawsuit?
On the plaintiff to prove defendant liable after evidence (9/12)
