The U.S. legal system houses two kinds of courts: criminal and civil courts. Knowingtheir roles and characteristics is crucial to understanding how the legal systemworks. Criminal cases are tried in courtrooms at the state or federal level. Thetrials are presided over by a judge, and often held in front of a jury. In criminalcases, action originates with the government charging a defendant with a crime.The government assumes responsibility for all costs of the prosecution, includingattorney salaries and costs of evidence testing. When a defendant cannot affordan attorney, the government supplies one at its own cost. Procedural rules forcriminal courts require that guilt beyond a reasonable doubt must be proved bythe government in order for a conviction. They also guide how a trial is conducted.Like criminal cases, civil suits are also tried in courtrooms in front of a judge ifthey cannot be resolved privately. There may also be a jury. Action in a civil caseoriginates when a private party sues another over a breach of a legal agreementor obligation. In a civil case, each party, whether an individual, business, orassociation, is responsible for their own legal costs, making some people feel theyare shut out of the civil justice system. Unlike in criminal cases, the procedural rulesin civil cases ensure that the court has jurisdiction over the parties and that propernotice has been given to defendants. The rules also ensure that each party has anopportunity to present evidence. Venue, origin of action, financial obligation, andprocedural rules are characteristics that define the roles of criminal and civil courts.
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