This lesson introduces the two major branches of law and explains how they differ in purpose, parties, and legal foundations. Understanding the distinction helps clarify who brings a case and what the case is meant to accomplish.
Criminal law applies to conduct defined as an offense against the state or society. The government prosecutes the accused because the prohibited act is understood to harm society as a whole, even when there is also an individual victim.
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What is criminal law?
Criminal law defines conduct treated as an offense against the state or society and provides for government prosecution and punishment.
What is civil law?
Civil law covers legal matters that are not criminal, including disputes and claims for remedies between individuals, groups, or organizations.
Who prosecutes a criminal case?
The government prosecutes the case through a prosecutor; the victim does not bring the criminal prosecution.
Why is a statute important in criminal law?
A written law must establish the offense, its elements, and its punishment. Conduct cannot be treated as a crime unless the law makes it one.
How can common law systems develop civil rules?
Civil rules may come from statutes and from court decisions that establish case precedent.
Quiz questions
What standard must the government meet to prove guilt in a criminal case in a rule-of-law system?Answer: Beyond a reasonable doubt.
What does recidivism mean?Answer: Committing a crime again after previously being found guilty and punished.
How does probable cause compare with proof beyond a reasonable doubt?Answer: It is more than suspicion but falls below proof beyond a reasonable doubt.
What generally happens at an arraignment in the United States?Answer: The accused is informed of the charges, may enter a plea, and bail may be set.
Under the notes' account of U.S. law, which people may not be executed?Answer: People who were under 18 when the crime occurred and people with intellectual disability.
Based on Introduction to Political Science by Mark Carl Rom, Masaki Hidaka, Rachel Bzostek Walker (OpenStax), licensed CC BY 4.0. Adapted into a summary, flashcards and quizzes.