chapter 9 pt 1(Legal cases and jurisdiction)

Cards (13)

  • 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