Understanding the Types of Cases

What is the difference between civil and criminal cases and how do you know if a case will be heard in state court or in federal court? In part 1, students will be asked to read and compare two current news stories and identify the key differences between civil and criminal lawsuits. This should be completed before any detailed instruction on the differences between civil and criminal cases. In part 2, students will use the Student Center webpages and/or a fact sheet to differentiate between federal and state court cases. The activities in this lesson can be assigned to students individually or in groups.

Corresponding Student Center Pages

• State Courts vs. Federal Courts
• Types of Court Cases

Suggested Time Needed

1-2 class periods

• Materials
• Objectives & Standards
• Procedure

• Part 1 Downloads

  Handout A – Article 1
  Handout B – Article 2
  Handout C – Comparing Criminal and Civil Lawsuits Student Chart
  Handout D – Comparing Criminal and Civil Lawsuits Summary & Answer Key

  Part 2 Downloads

  Handout E – Fact Sheet: Comparing State and Federal Courts
  Handout F – Comparing State and Federal Courts Student Worksheet
  Handout G – Comparing State and Federal Courts Answer Key
  Handout H – Case Scenarios
  Handout I – Case Scenarios Answer Key

• After completing this activity, students will:
  • Have a deeper understanding of the characteristics of civil and criminal lawsuits
  • Be able to pick out key differences in a news story, and determine the type of case from those clues
  • Be able to compare and contrast federal and state jurisdiction in simple terms
  • Apply knowledge of these differences to new situations by determining the jurisdiction of fictional scenarios

  Guiding Questions

  • What are the main identifying components of a civil lawsuit?
  • What are the main identifying components of a criminal lawsuit?
  • How are civil and criminal lawsuits alike? How are they different?
  • What is under the jurisdiction of the state court system? The federal court system?
  • What is general jurisdiction? What is limited jurisdiction?

  Missouri Grade Level and Course Level Expectations

  6-8

  • 6-8.AH.1.GS.A – Analyze laws, policies and processes to determine how governmental systems affect individuals and groups in society in American History prior to c. 1870.
  • 6-8.AH.3.GS.E – Apply the principles of rule of law, representation, separation of powers, checks and balances, and federalism to explain the purposes and functions of the Constitution.
  • 6-8.AH.5.GS.B – Analyze federalism and popular sovereignty to explain peoples’ expectations of the role of government and their place in governance.

  9-12

  • 9-12.GV.3.CC.D – Analyze the changing relationship between state and federal governmental powers.
  • 9-12.GV.3.GS.A – Apply the concepts of due process of law, popular sovereignty, rule of law, representation, and federalism to explain the purpose and legacy of the Constitution.
  • 9-12.GV.3.GS.F – Compare the structure and functions of local, state, and federal governments.

• Part 1 – Civil or Criminal?

  1. Explain to students that they’ll be reading about two different types of court cases, and that they’ll be asked to answer questions to help them understand the differences. Distribute copies of the 2 news stories (HANDOUT A & B) to all students and ask them to read both silently. You may prefer to group them in pairs to answer the questions. Don’t explain the differences between criminal and civil yet.

   

  2. Allow time for students to read both articles.

   

  3. Distribute the student worksheet comparing criminal and civil lawsuits (HANDOUT C). Allow time for student pairs to answer the questions.  The last question about the standard of proof will be difficult for students to answer from the articles, but can easily be answered by you in the summary discussion.

   

  4. Conclusion: Ask for volunteers to summarize each article.  Then ask for volunteers to share each answer about these specific cases.  Finally, distribute the summary handout (HANDOUT D) that explains general differences between the two types of cases and discuss.
     • Criminal case: A defendant is charged with a crime.  The case is initiated by the government, through a prosecutor, who is an attorney for the government.  The government must prove that the defendant is guilty beyond a reasonable doubt.  The punishment for guilt can be incarceration, a fine, or possibly the death penalty.  The defendant has a constitutional right to a jury trial, and to be defended by an attorney.
     • Civil case: An individual, the plaintiff, who feels wronged or injured initiates a case by entering a complaint against the defendant.  The plaintiff must show by a preponderance of the evidence (more likely than not) that the defendant’s actions or negligence caused the harm or injury.  The losing party could be ordered to reimburse the loss.  Either party can be a person, corporation, or government entity.

   

  5. OPTIONAL EXTENSION: Research local or national news to find additional examples of civil and criminal cases.   Give prizes to the student or group who can find the most in a set amount of time.

   

  Part 2 – What makes it a federal case?

  1. Ask students to recall what they know about federalism, our dual system of government. Explain that there are two court systems operating side by side: state and federal.  Each court system has its own jurisdiction, or area of power.  Some types of cases fall under the jurisdiction of the state court system, while others will be heard in the federal courts.

   

  2. Direct students to visit these two pages on the Judicial Learning Center website –
  • • Types of Cases
    • State Courts v. Federal Courts

   

  3. Distribute the Student Worksheet:  State and Federal Jurisdiction (HANDOUT F), and ask students to complete it individually or in pairs.  Allow time to complete, then go over the answers to be sure everyone has all answers correct.

   

  4. Instruct students to decide whether each of their two example cases (FROM THE ARTICLES ON HANDOUTS A & B) would be heard in state or federal court, and give reasons.
  • Article 1: This civil case was heard in STATE COURT, because all parties are from one state, and it doesn’t involve the U.S. Constitution or other federal laws.
  • Article 2: This criminal case was heard in FEDERAL COURT, because it involves bank fraud, which is a federal crime. The article explains that the crime was investigated by the FBI (Federal Bureau of Investigation) and prosecuted by the United States Attorney

   

  5. Ask for a volunteer for each, and discuss the correct answers.

   

  6. Write each of these headings (state criminal, state civil, federal criminal, federal civil) on the board.

   

  7. Distribute slips of paper with case scenarios to pairs or groups of students, and allow 2 minutes for them to decide the correct jurisdiction.

   

  8. Direct students to post their example under the correct category. Post the two original news stories first as examples.

   

  9. Conclusion: Go through the 4 columns on the board as a class, making any corrections needed.  Discuss the corrected lists with the class.

   

  10. OPTIONAL EXTENSION: Research local or national news to find additional examples of federal or state court cases.   Give prizes to the student or group who can find the most in a set amount of time.

   

  11. Review the Guiding Questions:
  • • What are the main identifying components of a civil lawsuit?
    • What are the main identifying components of a criminal lawsuit?
    • How are civil and criminal lawsuits alike? How are they different?
    • What is under the jurisdiction of the state court system? The federal court system?
    • What is general jurisdiction? What is limited jurisdiction?