chapter 9 pt 1(Legal cases and jurisdiction)

• 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