1. Goal 5.03 Describe the adversarial nature of the judicial process.1

2. PLAINTIFF – Person who brings a legal charge or lawsuit
DEFENDANT – Person defending him- or herself in a court of law
PROSECUTOR – Person who makes the case against the defendant in a legal proceeding
DEFENSE ATTORNEY – Represents the defendant
PUBLIC DEFENDOR – Free lawyer provided by the state 2

3. Difference between civil and criminal cases??3

4. Basic Steps in the Court Procedure in CIVIL CASES
1. Plaintiff hires an attorney who files a complaint (accusation of wrongdoing).
2. Court sends the defendant a summons (notice to appear in court).
3. Discovery:
Defendant’s attorney files a written answer. Attorneys exchange pleadings.
4. Attorneys present sides of the case and await a decision. 4

5. Court Proceedings in CRIMINAL CASES
1. ARREST
Police arrest and book suspect 5

6. 2. PRELIMINARY HEARING
Purpose: to find if there is enough evidence or probable cause for someone to be charged with a crime
- Suspect appears before judge
- Bail is set
Issue of law: laws that apply to the facts of a legal case
Issue of fact: facts that are part of a legal case
Case goes to trial is evidence is persuasive
Case dropped if facts found to be untrue 6

7. Grand jury hears evidence against suspect Possible decisions:
3. INDICTMENT
Grand jury hears evidence against suspect
Possible decisions:
Indictment (formally charge)
Dismiss if not enough evidence for trial 7

8. Not guilty = Trial date is set Guilty = Sentencing
4. ARRAIGNMENT
A hearing where the suspect pleads guilty or innocent to the charges.
Not guilty = Trial date is set
Guilty = Sentencing
= Plea bargain: pleading guilty to a lesser charge 8

9. Prosecution and Defense present cases to judge or jury
5. TRIAL
Prosecution and Defense
present cases to judge or jury
- Subpoena = document requiring a person to appear in court
- Testimony= statements witnesses make under oath
- Cross-Examination= questions from opposing side in an attempt to cast doubt on the truth or reliability of the witness’ testimony
- Perjury= telling lies under oath 9

10. Jury thinks/discusses case and reaches a verdict
6. DELIBERATION
Jury thinks/discusses case and reaches a verdict
Vote (most states require unanimous vote)
- AQUITTAL - not guilty, prosecution has not proven case
- SENTENCING – guilty, judge determines sentence
- MISTRIAL – hung jury; jury can’t agree on verdict; prosecution decides whether to drop charges or ask for retrial 10