AAERT Certified Electronic Reporter (CER) Practice Test

Which of the following is not one of the ways criminal and civil cases differ?

1. What kinds of punishment or penalty may be imposed

2. How the cases are decided

3. What standards of proof must be met

4. Only criminal cases have a jury

The correct answer is: Only criminal cases have a jury

The assertion that only criminal cases have a jury is incorrect because both criminal and civil cases can involve juries, although the circumstances under which a jury is used can vary. In criminal cases, a defendant has the right to a jury trial for serious offenses as guaranteed by the Sixth Amendment of the U.S. Constitution. In civil cases, a jury can be requested, but it is not automatic; parties involved must usually agree to a jury trial or request it according to specific rules applicable in their jurisdiction. In contrast, the other aspects highlighted in the options are valid differences between criminal and civil cases. The kinds of punishment or penalties imposed in criminal cases typically include incarceration, fines, or community service, while civil cases usually involve compensatory damages or injunctions. The decision-making processes also differ, as criminal cases require the government to prove the case "beyond a reasonable doubt," while civil cases typically use the "preponderance of the evidence" standard. These fundamental distinctions are essential for understanding the different legal frameworks and rights involved in each type of case.