Criminal vs. Civil Flashcards
Difference between felony and misdemeanor
A misdemeanor is a small crime like getting a traffic ticket but a felony is a major crime that can result in inprisonment
Misdemeanor
Small crime that usually does not result in inprisonment
Felony
Major crime that usually results in inprisonment
Who is the prosecutor in a civil case
The prosecutor is the person who is being sued in a civil case
Who is the prosecutor in a criminal case
The prosecutor is the person who is being tried against and is the person who did the crime to be in court
Six steps in Criminal case
- Arrest, got arrested for breaking a law
- Hearing, a grand jury decides if the person has enough evidence to have a trial
- Trial, case tried before a 12 person jury,
- Verdict, Unanimous agreement of jury decides if guilty or not
- Sentence, If guilty, he is given a sentence and if not guilty, he is released.
- 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.
Five step in civil case
- Complaint, plaintiff files a complaint
- Trial, right to have a trial by jury by 7th amendment and if controversy is over $20
- Finding, jury decides in favor of plaintiff or defendant or decides if no damage had been done.
- Sentence, if jury decides in favor of the plaintiff, defendant pays damage
- Appeal, appeal to higher court is taken.
Plaintiff
Person doing the sueing
Defendant
Person that is trying not to be sued
Complaint
The plaintiff sends in a complaint about the defendant
Why does government prosecute in criminal cases
Because crime is considered hurting everyone else as a whole