Civil case: concerns private rights and remedies and usually involves private parties or organizations, although the government may on occasion be a party of a civil case
Criminal case: Involves violation of penal law that is prosecuted by state
The major differences between a civil case and a Criminal case is the burden of proof
burden of proof: Duty a party has to prove its position in court
preponderance of evidence: Whichever party has more evidence/proof should win the case, no matter how slight the advantage(More proof = WIN)
beyond a reasonable doubt: the standard used to determine the guilt of a person criminally charged(Jury must be FOR SURE FOR SURE someone is guilty)
Civil cases use preponderance of the evidence
Criminal cases use beyond a reasonable doubt
2 types of Jurisdiction:
Original Jurisdiction
Appellate Jurisdiction
Original Jurisdiction: Power to try a case being heard for the first time
Appellate Jurisdiction: The power vested in an appellate court to review and revise the judicial action of an Inferior court
briefs: Written arguments prepared by lawyers arguing a case in court that summarizes the facts of the case, the pertinent laws, and the application of those laws to the facts supporting their positions
Double Jeopardy: A second prosecution for the same offense after acquittal in the first trial