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Let's break it down! Criminal law deals with actions that harm society (like theft or assault), while civil law handles disputes between people or organizations (like contract disagreements or property disputes). In criminal cases, the state prosecutes, but in civil cases, individuals sue each other.

1. Criminal Law: Beyond a Reasonable Doubt

In a criminal trial, the burden is very high because someone’s freedom is on the line.

The Standard: The jury must be almost 100% certain.

The Rule: If there is any logical, "reasonable" doubt that the person did it, the jury must find them "Not Guilty."

Who carries the burden? The Prosecution (the government). The defendant is "innocent until proven guilty" and doesn't have to prove a thing.

2. Civil Law: Preponderance of the Evidence

In a civil trial (like a lawsuit over a broken window), the burden is much lower.

The Standard: The jury only needs to be more than 50% sure (the "51% rule").

The Rule: Whichever side has the more convincing story and evidence wins. It’s like a balance scale that only needs to tip slightly to one side.

Who carries the burden? The Plaintiff (the person who started the lawsuit)

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What is the difference between civil cases and criminal cases?

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Did y'all know that in Georgia, most of our judges are elected by the people? That's right! Superior Court judges serve 4-year terms, and Supreme Court justices serve 6-year terms. While they don't have term limits, meaning they can serve multiple terms if re-elected. The Governor can also appoint judges when there's a vacancy.

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In Georgia, the trial courts include:

1. Magistrate Courts - Handle civil claims of $15,000 or less, minor criminal offenses, and small claims cases.

2. Probate Courts - Deal with matters related to wills and estates, guardianships, and involuntary mental health commitments.

3. Juvenile Courts - Focus on cases involving minors, including cases of juvenile delinquency and child custody.

4. State Courts - Handle misdemeanor violations, including traffic offenses, and civil actions not assigned by the Constitution to the superior courts.

5. Superior Courts - General jurisdiction court handling both civil and criminal law actions, including serious felony cases, and also acts as an appellate court for the lower courts.

These courts are responsible for overseeing initial trials where cases are presented, evidence is examined, and verdicts are rendered.

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Alright class, let's walk through what happens in a criminal case:

1) Arrest (When a person is taken into custody by law enforcement as a suspect in a crime.)

2) Booking (Process of recording the arrest in official records, including taking fingerprints and photographs.)

3) Initial Appearance (The accused is brought before a judge, informed of charges, rights are explained, and bail may be set.)

4) Preliminary Hearing (Determines if there is enough evidence to proceed to trial.)

5) Grand Jury (A group of citizens that decides whether enough evidence exists to indict the accused and proceed to trial.)

6) Arraignment (The accused is formally charged and asked to enter a plea of guilty or not guilty.)-plea bargaining typically occurs after the arraignment and before the trial phase. During a plea bargain, the defendant and the prosecution negotiate a deal where the defendant agrees to plead guilty (often to a lesser charge or in exchange for a lighter sentence) rather than go to trial. This process can streamline the judicial process by resolving cases more quickly and reducing the caseload of courts.

7) Trial (A court process where evidence is presented, witnesses may testify, and a judge or jury decides the guilt of the accused.)

8) Sentencing (If found guilty, the accused receives a punishment, decided by the judge, which could include fines, probation, or imprisonment.)

Each step is important to ensure justice is served fairly!

Watch this video about Plea Bargaining

https://youtu.be/SqHEYl58JdY?si=aXL1PcMCYceHppeV

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Different courts handle different types of cases.

Superior Courts handle serious criminal cases (felonies), while State Courts deal with misdemeanors.

Magistrate Courts handle small claims and preliminary hearings. It's like each court has its own special job!

Jurisdiction refers to the legal authority or power of a court to make decisions and judgments in legal matters within a specific geographic area or over certain types of legal cases. It determines which court has the right to hear a case, ensuring that legal issues are handled by the appropriate level or type of court.

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The best way to deal with the court system is to stay out of it! Let's discuss some strategies:

1) Think before acting

2) Know your rights AND responsibilities

3) Respect others' rights

4) Seek help when needed

5) Use peaceful communication

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Conflict Resolution Skills - Health 1 for Teens!

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The role of the Judicial Branch in Georgia includes the following responsibilities:

1. Interpretation of Laws: The Judicial Branch is responsible for interpreting the laws and ensuring they are applied consistently. This involves determining the legal meaning and implications of the laws passed by the legislature.

2. Ensuring Justice: It ensures that justice is administered fairly and that individuals' rights are protected. The judicial system provides a mechanism to resolve disputes, both civil and criminal.

3. Constitutional Oversight: The courts review the constitutionality of laws and governmental actions. The Supreme Court of Georgia has the power to strike down laws and regulations that are found to be unconstitutional.

4. Appellate Review: Through the appellate courts, the Judicial Branch reviews decisions made in lower courts to ensure the laws have been applied correctly and that legal procedures have been followed.

5. Adjudicating Legal Disputes: It handles disputes over legal rights and obligations, providing a structured process for determining the resolution of cases.

By fulfilling these roles, the Judicial Branch upholds the laws of Georgia and contributes to the balance of powers within the state government.

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Georgia's appellate court system consists of two primary courts:

1. Supreme Court of Georgia: This is the highest court in the state. It consists of seven justices elected to six-year terms. The Supreme Court handles cases involving the constitutionality of laws, disputes over elections, and automatic appeals in cases involving the death penalty, among others. Its primary function is to ensure the uniform interpretation of the laws and to uphold the constitution of the state; it has the final appellate jurisdiction, meaning it reviews decisions made by lower courts for legal errors.

2. Court of Appeals of Georgia: This is the intermediate appellate court. It is composed of 12 judges who work in panels of three to hear cases. The Court of Appeals handles appeals from trial courts in cases where exclusive jurisdiction is not vested in the Supreme Court. It reviews decisions from lower courts to ensure the trial was conducted properly and that the law was applied correctly.

Both courts play crucial roles in maintaining justice by ensuring that trials are fair, legal procedures are followed, and the laws of Georgia are correctly interpreted and applied.

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Time for some hands-on learning! Click the link below to participate in an interactive activity where you'll decide whether different scenarios are criminal or civil cases. Share your answers in the comments! Class code: Taft40270

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It’s your turn to drive the Justice Express! In Court Quest, you will pick up passengers, hear about how they need help from the judicial system, and identify the correct court for their case. Explore what the different courts do at the state and federal levels and discover the complexities within the judicial system. Can you help passengers navigate the U.S. judicial system?

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To qualify for a judgeship in Georgia, individuals must meet specific requirements depending on the court level:

1. **Superior Court Judges**:
   - Must have been a citizen of Georgia for at least three years.
   - Must have practiced law for seven years.
   - Must be at least 30 years old.
   
2. **Supreme Court and Court of Appeals Judges**:
   - Must be admitted to practice law in Georgia.
   - Generally expected to have extensive legal experience and often have served in other judicial or legal capacities. Specific years of legal experience may vary.

3. **State Court Judges**:
   - Typically require similar qualifications to those of superior court judges, including legal practice experience.
   
4. **Magistrate, Probate, and other lower courts**:
   - Requirements can vary but usually include being a resident of the court's jurisdiction and possessing relevant legal experience or training.

These qualifications ensure that judges possess the necessary legal expertise and are equipped to make informed and fair decisions in their judicial capacities.