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Criminal Law vs. Civil Law
A. Watch the video and write the missing sentences.
（1）_____________________________________________________Criminal law involves the government's prosecution of a defendant, who is accused of a crime.
（2）_____________________________________________________, meaning a real doubt, based upon reason and common sense, after careful and impartial consideration of all the evidence.
（3）_____________________________________________________Civil law involves a plaintiff's lawsuit against a defendant.
（4）_____________________________________________________The plaintiff must prove his or her lawsuit by a preponderance of the evidence, which means more than 50% of the evidence supports that party's legal assertion.（5）_____________________________________________________
B. Watch the video and decide whether the following statements are true or false.
[ ] 1. Prosecution can be used in civil law.
[ ] 2. The person charged with the crime is known as the defendant, but the party initiating a civil case is known as the plaintiff.
[ ] 3. A burden of proof is the obligation to substantiate the case.
[ ] 4. The burden of proof for the plaintiff in criminal law is much lower than that for prosecutions in civil law.
[ ] 5. The defendant in a civil case will not be convicted or punished.
C. Watch the video and put the sentences A-E in the right places.
（1）_____________________________________________________These rules, or laws, define crimes and set forth punishment. They also define our rights and responsibilities as citizens. There are elements of substantive law in both criminal and civil law.
Civil law differs from criminal law in that it applies to interactions between citizens.（2）_____________________________________________________ For example, if you sue a neighbor for cutting down a tree and letting it land on your house, that would be a civil case dealing with tort rather than a criminal case dealing with crime.
（3）_____________________________________________________Let's say a person is caught drunk driving. Substantive law says that it is a crime punishable by a term in prison.
（4）_____________________________________________________In other words, specific facts need to be proven true in order to convict somebody of a crime or a tort.
In the case of a person caught driving while intoxicated, a few things would have to be proven:
· The person was driving the vehicle.
·（5）_________________________
· The person was over the legal limit per a field sobriety and/or Breathalyzer test.
Once these things are proven, the person can be taken into custody. Next, procedural law will determine the steps the case must take.
A. Substantive law is used to determine whether a crime or tort has been committed, define what charges may apply and decide whether the evidence supports the charges.
B. Rather than dealing with crime, civil law deals with tort, or actions that aren't necessarily illegal but can be proven to be damaging in some way.
C. The substance of charges, or elements of a crime or tort, must be carefully evaluated to determine whether a crime or tort really exists.
D. The person acted in ways that gave the police a reason to believe he or she was intoxicated.
E. Substantive law consists of written statutory rules passed by legislature that govern how people behave.
D. Watch the video and answer the following questions.
1. What is the right about procedural law granted by the 14th Amendment to U.S. citizens?
_____________________________________________________
2. What does due process mean and what benefits does it bring to the citizens?
_____________________________________________________
3. According to the 14th Amendment, if someone is arrested, what rights does he have?
_____________________________________________________
E. Watch the video and choose the right answer.
1. What happened to the victim according to the sheriff?
A. She was raped.
B. She was beaten up.
C. She was raped and beaten up.
2. Who has the burden of proof?
A. The victim.
B. The prosecutor.
C. The court.
3. Who are the parties of this case?
A. The victim and the prosecutor.
B. The victim and the defendant.
C. The prosecutor and the defendant.