Criminal vs. Civil Flashcards

1
Q

Difference between felony and misdemeanor

A

A misdemeanor is a small crime like getting a traffic ticket but a felony is a major crime that can result in inprisonment

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2
Q

Misdemeanor

A

Small crime that usually does not result in inprisonment

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3
Q

Felony

A

Major crime that usually results in inprisonment

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4
Q

Who is the prosecutor in a civil case

A

The prosecutor is the person who is being sued in a civil case

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5
Q

Who is the prosecutor in a criminal case

A

The prosecutor is the person who is being tried against and is the person who did the crime to be in court

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6
Q

Six steps in Criminal case

A
  1. Arrest, got arrested for breaking a law
  2. Hearing, a grand jury decides if the person has enough evidence to have a trial
  3. Trial, case tried before a 12 person jury,
  4. Verdict, Unanimous agreement of jury decides if guilty or not
  5. Sentence, If guilty, he is given a sentence and if not guilty, he is released.
  6. Appeal, if he is guilty, he can appeal the cad to a higher court and they can review the case and decide, keeps going if wanted too until Supreme Court.
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7
Q

Five step in civil case

A
  1. Complaint, plaintiff files a complaint
  2. Trial, right to have a trial by jury by 7th amendment and if controversy is over $20
  3. Finding, jury decides in favor of plaintiff or defendant or decides if no damage had been done.
  4. Sentence, if jury decides in favor of the plaintiff, defendant pays damage
  5. Appeal, appeal to higher court is taken.
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8
Q

Plaintiff

A

Person doing the sueing

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9
Q

Defendant

A

Person that is trying not to be sued

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10
Q

Complaint

A

The plaintiff sends in a complaint about the defendant

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11
Q

Why does government prosecute in criminal cases

A

Because crime is considered hurting everyone else as a whole

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