7. Civil & Criminal Litigation

Overview | The resources in this Section will highlight the distinctions between the two most common types of cases in which courts are involved. 

Civil litigation generally involves actions brought between private parties, individuals or organizations, wherein issues relating to liability and damages are considered. Occasionally, other forms of relief (exclusive of money damages) may be the goal of the litigation between the private parties. Unlike criminal litigation, plaintiffs (the party asserting the claims) are required to prove their allegations by a standard significantly lower than “beyond a reasonable doubt” in order to recover, and liable defendants (the party against whom claims are filed) are not subject to a loss of liberty. 

Criminal litigation involves claims of criminal (penal) law violations brought by the government against individuals or organizations for the protection of the greater public. Unlike civil cases, the purpose of criminal litigation is to hold the defendant (the accused) criminally responsible for the violation and have appropriate punishment imposed. Unlike civil cases, the government can only prevail if the alleged crimes are proven beyond a reasonable doubt (the highest level of proof required in a court of law). In a criminal case, the accused is never required to prove his or her innocence.

Learning Objectives |   
  • Students will learn the following regarding the civil litigation: 
    1. The parties (plaintiff, defendant, counter-plaintiff, counter-defendant, cross- plaintiff, cross-defendant, third party plaintiff, third party defendant, etc.) in a civil case
    2. The pleadings in a civil case (petition, complaint, answer, cross claim, counterclaim, etc.) 
    3. The pleading of alternative causes of action
    4. The opportunity for discovery
    5. Motions practice
    6. Right to jury determination of facts
    7. Damages and the election of remedies
    8. The entry of judgment
    9. The availability of appeals
    10. Equitable relief in civil litigation
  • Regarding criminal litigation, the students will learn the following: 
    1. The role of prosecutor, defense counsel, judge, and jury
    2. The investigation of suspected criminal conduct by law enforcement
    3. The role of the grand jury and the determination of probable cause
    4. The formal charges (indictment, information) filed based upon suspected criminal conduct
    5. The burden of proof (beyond a reasonable doubt)
    6. The presumption of innocence
    7. The right to a jury trial
    8. Discovery and possible suppression issues in criminal cases
    9. The rights of the accused (to confront their accusers, to remain silent, to testify, to cross-examine government witnesses, to be represented by counsel, present favorable evidence, etc.)
    10. The verdict and possible consequences upon a finding of guilty
    11. The sentencing proceeding
    12. The right to appeal
    13. The right against double jeopardy

Summary of Resources | Below is the list of resources gathered in this section.  Click on the titles to learn more. 

Resources |   
  1. A Conversation on the Constitution: Jury Service
    • This 10-minute video with Justices Sandra Day O’Connor, Anthony M. Kennedy and Stephen G. Breyer can be used to teach high school students about the history and responsibilities of juries and the role they play in the U.S. judicial system.   The video is accompanied by an easily accessible pdf download of a lesson plan (Jury Service: Our Duty and Privilege) and a site for a related additional 11 videos (FAQs: Juries).   
    • Videos and lesson plan from the Leonore Annenberg Institute for Civics
    • Age: (M), H, A 
  2. Civil Mock Trials
    • This resource, suitable for a high school and older audience, gathers together a list of mock trial resources:  documents that can serve as the mock trial materials for high school (and college) students.  The documents provide everything from the stipulated facts and evidence, to claims, relief requests, witnesses statements and related case law.  Judges will likely want to use these mock trial resources in conjunction with a school that is intending to mount a mock trial.   
    • Case study/mock trial from Street Law, Inc.
    • Age: H, A 
  3. Considering the Constitution
    • This one-page handout, suitable for middle and high school school students, reproduces an article about a fictional civil court case and a defendant's right to jury and then asks students to answer questions about what they’ve read. A sidebar section highlights key Constitutional facts.
    • Document from Scholastic  
    • Age: (P), M, H 
  4. Court Shorts: Jury Service
    • In this five-minute video, especially of interest to a high school and older audience, students question federal judges from across the country about the role of a jury and why jury service is important — to learn that jury service is the most direct way of participating in American democracy.
    • Video from the Administrative Office
    • Age: M, H, A 
  5. Criminal Mock Trials
    • This resource, suitable for a high school and older audience, gathers together a list of mock trial materials:  documents that can serve as the mock trial transcripts for high school and college students.  The documents provide the stipulated facts, charges, pertinent criminal codes, related case law, witnesses statements, questions for witnesses as recommended by rules of evidence and related facts.  Judges will likely want to use these mock trial resources in conjunction with a school that is intending to mount a mock trial.   
    • Case study/mock trial from Street Law, Inc.
    • Age: H, A  
  6. Deciding by Group: You Are the Jury
    • This three-part worksheet, suitable for use with an older primary, middle or high-school audience, asks students to review information about a criminal court case and work together to reach a verdict based on the facts presented. Students are encouraged to work together in groups of 12 — modeling the size of an actual jury — to make their decision and then they are prompted to discuss how they came to make their decision as a group.  There also is a brief sidebar description of the principle of "Reasonable Doubt."  
    • Document from Scholastic 
    • Age: (P), M, H  

Resources | 
  1. Juror Selection
    • This one-page reproducible handout is geared towards middle and high school students. It gives a civil case scenario and interview answers from three potential jurors. Students are asked to decide whether each potential juror would be suitable for the case based on his/her answers. Additionally, students are asked to list the advantages or disadvantages of each potential juror for the plaintiff and defendant — Voir Dire is briefly summarized in a sidebar.  
    • Document from Scholastic  
    • Age: M, H  
  2. Pathways to the Bench
    • The “Pathways to the Bench” videos with federal judges from diverse backgrounds give minority and majority judges a way to briefly introduce to students the range of expertise on the federal bench, and the multiple "pathways" that can lead to becoming a judge.  Among those judges interviewed are an appellate judge, a district judge, a bankruptcy judge and a magistrate judge.
    • Videos from the Administrative Office
    • Age: H  
  3. Quiz #3: Civil Cases
    • Judges can use this quiz a a good way to conclude a talk on civil cases to middle and high school students.  The 10-question quiz, relating to other resources on the Federal Judicial Center site, tests students' knowledge about what criminal courts do (see the FJC page here for a brief summary of the distinctions between a civil and criminal court). 
    • Lesson Plan from the Federal Judicial Center
    • Age: (M), H, A
  4. Quiz #4: Criminal Cases 
    • Judges can use this quiz a a good way to conclude a talk on criminal cases to middle and high school students.  The 10-question quiz, relating to other resources on the Federal Judicial Center site, tests students' knowledge about what criminal courts do (see the FJC page here for a brief summary of the distinctions between a civil and criminal court).   
    • Document from the Federal Judicial Center 
    • Age: (M), H, A 
  5. Texting While Driving 
    • Presenters can use this mock-trial simulation about a car crash that may have been caused by texting while driving to teach high school students about civil cases.  The resource gathers together handouts that provide the facts of the case, overviews about the role of certain trial elements (e.g. the differences between an opening statement and a closing argument) and other materials, such as jury instructions and recommended scripts for witnesses.  Following the mounting of the trial, a discussion tool offers a way to test the students' knowledge with a True/False quiz.  
    • Case study/mock trial from the Administrative Office 
    • Age: H, A 
  6. Trial Court 'Go Fish' 
    • Judges can use this version of well-known game “Go Fish” to teach the different components of a trial court to primary students.  Through the game students learn about the many characters in the courtroom, including the judge, bailiff, prosecutor and jurors.  By trying to match people and roles to make pairs, students in groups of 4 or 5 learn what trial participants do both in court and out of court. 
    • Game from iCivics 
    • Age: P, (M) 
Additional Recommended Resources | Off-Site Links

  1. A Constitutional Timeline
    • Multi-aged audience timeline that highlights key dates in history of Constitution, with links to text, audio and video clips. From National Constitution Center's Constitution Day site. 
  2. Interactive Constitution
    • Multi-aged audience site that enables users to search Constitution by keyword or topic, with access to explanatory materials throughout. From National Constitution Center.   
  3. The Annenberg Guide to the United States Constitution
    • Multi-aged audience site that lists the text of each section of every article in the Constitution, and provides explanation of what the text means in plain language.  From the Leonore Annenberg Institute of Civics. 
  4. Understanding the Federal Courts
    • Multi-aged online textbook-type document that includes sections on Article III, the Federal Court system and the geographical boundaries of the Courts of Appeal and the District Courts, the code of conduct for judges, juror qualifications, exemptions and terms of service, as well as categories of bankruptcy cases.  From the Administrative Office of U.S. Courts.