For Schools

A state circuit court handles both
civil and criminal cases. Criminal
and civil cases are distinct
from one another in the following
ways:

Criminal Law
-The plaintiff is always the state government.
-Punishment may be fine and/or imprisonment.
-State statutes always establish criminal law.
-The jury decision in a criminal trial must be  unanimous.
-The burden of proof in a criminal trial is “beyond a    reasonable doubt.”
-Only the defendant may appeal in a criminal case.
-In a criminal case, the defendant is either guilty or  not guilty.
School Kids!

Civil Law
-Both parties may be anybody, including  governments, corporations and individuals.
-The loser in a civil case cannot be imprisoned, even  if he or she cannot pay the damages.
-Civil law is established both through state statutes  and through court decisions.
-In Missouri, the jury decision must be 9-3 for the  plaintiff to win.  States vary.  ----Federal courts do  require an unanimous verdict.
-The burden of proof in a civil trial is “preponderance  of the evidence,” which sometimes is defined as  “more likely than not.”
-Either party may appeal in a civil case.
-In a civil case, the plaintiff and the defendant may  both be found partially right and partially at fault.

Click here to download PDF files and brochures on our judicial system.

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Last updated: 3/2/2009 92:22 am