0
Want this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
What does a trial court decide?
Trial courts hear both criminal and civil trials of ALL types. Think of any violation of a either a civil or a criminal law and (in the US) you can demand a jury trial for it.
How do juries in civil cases are different than juries in criminal cases?
A criminal jury hears a criminal trial. A civil jury hears a civil trial. Usually both are taken from the same pool and contain the same number of members, but this may vary by jurisdiction.
What is an example of a civil and criminal case?
Civil and Criminal cases are never litigated at the same time in the same court. However, the same transaction (or sequence of events) may lead to both civil and criminal proceedings. For example, O.J. Simpson was prosecuted and subsequently acquitted for the murders of Nicole Brown Simpson and Ronald Goldman in a criminal court. However, he was sued for wrongful death by the families of the victims, found liable, and ordered to pay damages in a later civil suit.
What was the OJ Simpson trail?
OJ Simpson had several trials. Lets start with the murder trial. Accused of killing his ex-wife Nicole Brown Simpson and her friend Ron Goldman OJ was aquitted of both. After the non guilty criminal trial, the Brown and Goldman suied Simpson in civil court for monetary damages caused by the death of their loved ones by Simpson. He wasn't so lucky this time. Different jury, different judge, different hair-do on Marsha Clark. Made a big difference this time. Simson was order to pay the damagaes. Which this leads us to his 3 trial. Trying to confiscate priceless football and sports artifacts that were in someone else's possession, at the end of a gun I might add, Simpson was caught redhanded. So he now sits in prison is Nevada, hopefully reflecting on some personal improvement. Footnote:Marsha Clark did have a new 'do' but she was not prosecuting at the civil trial. Civil and Criminal are separate courts.
What serves as the federal general trial courts and hears both criminal and civil matters?
Federal district courts have trial jurisdiction over most cases in the federal system.
What is the difference between civil and criminal trials?
Both trials have a judge and/or a jury as triers of fact. In a criminal trial it is the government, known as a prosecutor, that is actually "suing" the defendant, but instead of for money, it's for that person's freedom for the prescribed time the government wants that person incarcerated. If the prosecutor wins this case the defendant is considered to have been found guilty of criminal charges brought before him. A civil case, on the other hand, is one in which an individual person or an entity is suing you for money. Civil cases are not punishable by any type of incarceration or fines. If the "prosecutor" in a civil trial wins the case, then the defendant is found to be liable in the amount that is awarded. In both types of trials, the persons or entities bringing the case to trial are known as the plaintiff, and the opponents are known as defendants.
Explain how O J Simpson was tried in both Civil and Criminal Courts found guilty in one not guilty in the other but no one posed the double jeopardy angle?
Criminal and Civil are different. A Criminal trial is on behalf of the People or State or such like against the accused. A Civil hearing is when one person or group or such like sues another or such like, usually for damages or rectification. Criminal take precedent over Civil and the burden of proof is higher in Criminal - 'Beyond a reasonable doubt' rather than 'On the balance of probabilities' in Civil. 'Double jeopardy' means you cannot be tried [Criminal trial] for the exact same crime twice - after a verdict has been reached the first time. In Civil once you have accepted the rectification, money or otherwise you cannot take the same action again against those you were successful against. O. J. was found not guilty in a criminal court but that did not debar a civil action for damages and in the Civil hearing he was not and could not be found guilty of the criminal charge of murder.
If a medical assistant prescribes medication without supervision of a doctor and the patients subsequently dies as a result would it be a civil or criminal case?
It could be one of each depending on whether the prosecutor decides to prosecute the criminal case and whether the family decide to pursue the civil case. Remember there were both a criminal and a civil case in the O.J. Simpson trial. He was found not guilty on the criminal case (beyond a reasonable doubt) but guilty on the civil one (preponderance of the evidence).
What is us distric court?
The u.s. District Courts are the trial courts of all Federal Court Systems. Both civil and criminal cases are filed here.
How can a single act be tried in both a criminal court and a civil court?
(in the US) A perfect example would be the O.J. Simpson case. He was found not guilty of Homicide, but found guilty in civil court of causing "wrongful death."
What is the final court of appeal for both civil and criminal law?
The U.S. Supreme Court is the final court of appeal for both civil and criminal law.
If there is a pretrial conference set in city magistrate court is that always due to a criminal charge or can it be civil?
There can be pre-trial conferences set for both criminal and civil cases. The difference would be apparent in who it is that is taking part in the conference. If one of the attorneys participating is the DA, or the City Attorney, you can pretty much guess it is going to be a criminal case.
