Criminal and civil law, and the steps of a trial

Grade 12 Social Studies Worksheet - Building Confidence

Circle the best answer.

1. Read this first

   Use this

   Card A. Constitution, Fifth Amendment (1791), part. Exact words (National Archives transcript): “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself”. Card B. Constitution, Sixth Amendment (1791), part. Exact words (National Archives transcript): “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed”; later in the same sentence: “to have the Assistance of Counsel for his defence”. Card E. Constitution, Eighth Amendment (1791). Exact words (National Archives transcript): “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

2. 1.

   A jury finds a defendant not guilty of a bicycle theft (made up). The prosecutor wants a second trial for the same theft. Pia asks which words apply.

   • Card E: cruel and unusual punishments are barred, since a second trial for one theft is a punishment of its own
   • Card B: the accused has a speedy trial, since a second trial would come long after the first one ended
   • Card A: no person may be twice put in jeopardy for the same offense
   • Card A: no one may be compelled to be a witness against himself, since a second trial would make the defendant testify again
3. 2.

   A court in a made-up state tells a defendant who cannot pay for a lawyer to defend a felony charge alone. Which words on the cards are at issue, Ren?

   • Card B: the right to the Assistance of Counsel for the accused's defense
   • Card B: an impartial jury, since a lawyer is what lets a defendant question the jurors fairly
   • Card A: no one may be compelled to be a witness against himself, since defending alone forces the defendant to speak
   • Card E: excessive bail, since a defendant without a lawyer is likelier to be held before trial

4. Use this

   Card B. Constitution, Sixth Amendment (1791), part. Exact words (National Archives transcript): “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed”; later in the same sentence: “to have the Assistance of Counsel for his defence”. Card C. Constitution, Seventh Amendment (1791). Exact words (National Archives transcript): “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved”. Card D. Two kinds of cases (summary in our words, not a quotation, from the U.S. Courts website). In a criminal case the government, through a prosecutor, charges a person with breaking a law and must prove guilt beyond a reasonable doubt; a conviction can bring a fine, probation or time in jail or prison. In a civil case a plaintiff sues a defendant over a dispute, such as a contract or an injury, and must show the claim is more likely true than not (a preponderance of the evidence); a win usually brings money damages or a court order.

5. 3.

   Kira compares two juries. One hears a criminal prosecution; the other hears a civil suit over $900. Which pairing of cards is right?

   • Card B for the criminal prosecution; Card C for the civil suit, since the amount is more than twenty dollars
   • Card C for the criminal prosecution; Card B for the civil suit, since the Seventh Amendment came after the Sixth
   • Card B for both, since an impartial jury is a right of anyone who faces a trial
   • Card C for both, since it preserves trial by jury without naming the kind of case

6. Use this

   Card D. Two kinds of cases (summary in our words, not a quotation, from the U.S. Courts website). In a criminal case the government, through a prosecutor, charges a person with breaking a law and must prove guilt beyond a reasonable doubt; a conviction can bring a fine, probation or time in jail or prison. In a civil case a plaintiff sues a defendant over a dispute, such as a contract or an injury, and must show the claim is more likely true than not (a preponderance of the evidence); a win usually brings money damages or a court order.

7. 4.

   Luz reads a made-up pair of cases. A prosecutor charges a store owner with dumping oil; a neighbor separately sues over a spoiled well. Which case is civil, and what must be shown?

   • The neighbor's suit; the neighbor must show the owner more likely than not caused the harm
   • Both cases; each needs proof beyond a reasonable doubt, since both accuse the owner of the same act
   • The prosecutor's case; the government must show it is more likely than not that the owner dumped the oil
   • The neighbor's suit; the owner would face jail or prison if the neighbor wins, since the harm was serious
8. 5.

   A news story says Milo's club (made up) lost a contract lawsuit and “was found guilty.” Zee checks Card D. What does it suggest about that word?

   • Guilt is a criminal verdict; a civil loss usually means money or a court order, so the word is wrong
   • The word is fine, since a court that makes anyone pay another side has found a law was broken
   • The word is fine, since Card D says a civil case can end with a court order against the club
   • The word is fine, since a plaintiff who wins by a preponderance of the evidence has shown guilt

9. Use this

   Card B. Constitution, Sixth Amendment (1791), part. Exact words (National Archives transcript): “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed”; later in the same sentence: “to have the Assistance of Counsel for his defence”. Card C. Constitution, Seventh Amendment (1791). Exact words (National Archives transcript): “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved”. Card D. Two kinds of cases (summary in our words, not a quotation, from the U.S. Courts website). In a criminal case the government, through a prosecutor, charges a person with breaking a law and must prove guilt beyond a reasonable doubt; a conviction can bring a fine, probation or time in jail or prison. In a civil case a plaintiff sues a defendant over a dispute, such as a contract or an injury, and must show the claim is more likely true than not (a preponderance of the evidence); a win usually brings money damages or a court order.

10. 6.

    Tala reads Cards B, C and D. One person is charged with a crime; another sues over a $15 dispute. Who has a constitutional right to a jury?

    • Both, since Card C preserves trial by jury in civil suits of any size
    • The plaintiff alone, since Card C names a right to a jury and Card B names a speedy trial but no jury
    • The defendant; the plaintiff's small dispute does not exceed twenty dollars, so Card C does not reach it
    • Neither, since a jury sits where guilt must be shown beyond a reasonable doubt in either kind of case

11. Use this

    Card B. Constitution, Sixth Amendment (1791), part. Exact words (National Archives transcript): “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed”; later in the same sentence: “to have the Assistance of Counsel for his defence”.

12. 7.

    A made-up trial for a crime in State X is held in State Y, hundreds of miles from the crime. Which words of Card B are at issue, Noah?

    • No words, since Card B protects the jury's fairness and says nothing about where a jury sits
    • “speedy and public trial”, since a trial in a far-off place is bound to move slowly
    • “the Assistance of Counsel for his defence”, since a lawyer cannot easily travel to another state
    • “of the State and district wherein the crime shall have been committed”

13. Use this

    Card F (made up). Court records of Lakeside County for one year: 100 criminal cases ended. 88 ended with a guilty plea, 7 were dismissed and 5 ended in a trial.

14. 8.

    Bo says, “Only 5 of 100 cases had trials, so the Sixth Amendment's jury right is rarely used.” What does Card F show?

    • That few cases reached trial; it does not show the right went unused, since a plea is a choice
    • That 88 defendants lost their right, since a guilty plea means the court denied them a jury
    • Nothing about juries, since a county's records cannot say anything about the Sixth Amendment
    • That the right is rarely used, since 5 trials happened out of 100 cases
15. 9.

    A reporter says Card F shows “Prosecutors won 88 percent of cases.” Which reply is best, Ari?

    • Wrong, since a jury verdict is what counts as a conviction, so the figure is 5 percent at most
    • Card F counts guilty pleas, which skip trial; it does not show how strong the evidence was
    • Right, since 88 of 100 cases ended in a conviction, and a conviction is a win for the prosecutor
    • Right, since a guilty plea means the prosecutor's evidence was overwhelming

16. Use this

    Card C. Constitution, Seventh Amendment (1791). Exact words (National Archives transcript): “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved”. Card G (made up). Court records of Hollow Creek for one year: 40 civil suits ended. 26 ended in a settlement, 9 in a judge's ruling and 5 in a jury verdict.

17. 10.

    Luz says, “Settlements mean the plaintiffs lost.” Using Cards C and G, what does Card G show?

    • That 26 of 40 suits ended by agreement; it does not say who gained or lost
    • Nothing, since the card gives no dollar amounts, so no claim about settlements is possible
    • That the Seventh Amendment bars settlements, since it preserves trial by jury
    • That the plaintiffs lost, since a settlement ends a suit with no verdict for them