1. Section 2.2

2. Civil Trial Procedures
Civil and criminal trials begin differently.
The government brings criminal cases for offenses committed against the public at large.
In contrast, individuals who believe they have been injured initiate civil cases.

3. Civil Trial Procedures
When someone brings a civil case to an attorney, the lawyer investigates the case, which can be expensive.
As a result, people have begun to explore alternatives to lawsuits.

4. Alternative Dispute Resolution (ADR)
occurs when parties try to resolve disagreements by using creative settlement techniques
can be classified as reactive methods and proactive methods.

5. Pleadings
Civil trials begin with pleadings, the formal papers filed with the court by the plaintiff and defendant.

6. Pleadings
These papers express the plaintiff’s allegations, or claims, in the form of a complaint.
The defendant’s response to those allegations is known as the answer.

7. Pretrial Hearing
A pretrial hearing is an informal meeting before a judge.
It is intended to simplify the issues and discuss matters that might help dispose of the case.

8. Steps in a Jury Trial selecting the jury opening statements
introduction of evidence
closing arguments
instructions to the jury
verdict and judgment

9. Selecting the Jury
The jury is selected from a pool of citizens who have been called to serve.
The lawyers question each juror selected from the pool trying to predict whether a juror will be fair or prejudiced.

10. Opening Statements
In their opening statements, attorneys for each side explain what they intend to prove. The plaintiff’s attorney goes first.

11. Introduction of Evidence
The plaintiff’s attorney presents all of the plaintiff’s evidence. Types of evidence include
documentary items, such as contracts or affidavits (sworn statements)
physical objects, such as weapons
witness testimony

12. Introduction of Evidence
The defense attorney has the chance to cross-examine the plaintiff’s witnesses.
When the plaintiff’s attorney rests, the defendant’s attorney presents evidence favorable to his or her client.

13. Closing Arguments
Each attorney summarizes the evidence and suggests reasons why the judge or jury should find in favor of his or her client.

14. Instructions to the Jury
The judge must explain the law to the jury in a process called jury instruction.

15. Verdict and Judgment
The members of jury go to the jury room to deliberate upon their verdict, or decision.
Following the verdict, the court issues a judgement, the court’s determination or decision in the case.

16. Remedies Generally there are two categories of remedies:
the payment of damages, or
an equitable remedy, which asks the court to do what is fair and just

17. Remedies
Specific performance is a remedy in which the plaintiff requests that the defendant do what he or she promised in a contract.
Injunction is an order by the court to stop the defendant from performing an action.

18. What is the purpose of a pretrial hearing?

19. ANSWER
It is intended to simplify the issues and discuss matters that might help dispose of the case.

20. Criminal Trial Procedure
The criminal trial procedure follows these steps:
arrest of the defendant
the arraignment
the trial
sentencing

21. Arrest of the Defendant
An arrest occurs when a person is deprived of his or her freedom.
Arrested people must be informed for their constitutional rights.

22. Rights of the Defendant
to be told what crimes they are being arrested for and the names of the police officers making the arrest
to make a telephone call

23. Rights of the Defendant
to possibly be released on bail (money or other property that is left with the court to assure that the person arrested, but released, will return to trial).
to remain silent

24. Rights of the Defendant
to talk to an attorney and have an attorney present during questioning
to have a fair trial
to be presumed innocent until proven guilty

25. The Arraignment
If members of a grand jury decide a crime has been committed, they issue an indictment.
An indictment is a written accusation charging the individual.

26. The Arraignment
Following the indictment, the accused is brought to court for arraignment.
At the arraignment, the indictment is read to the suspect, and the suspect is asked to plead guilty or not guilty.

27. The Trial If the defendant requests a jury trial: jurors are selected
attorneys make opening statements, introduce evidence
attorneys make closing statements
jury receives instructions, announces decision
if guilty, judge imposes sentence

28. The Trial
If the defendant does not request a jury trial, the case is tried before the judge, who decides the verdict.

29. Sentencing
After a person has been convicted of a crime, he or she is sentenced by the court. Penalties include:
fines
imprisonment
the death penalty

30. Disposition of Juvenile Cases
Cases involving juvenile offenders are handled by the juvenile court.
The juvenile court system is designed so that each case and special circumstances are considered individually.

31. Disposition of Juvenile Cases
The judge usually holds a detention hearing to learn whether there are good reasons to keep the accused in custody.
An investigation is begun into the minor’s background and home life.

32. Disposition of Juvenile Cases
The judge might dismiss the charges because of special circumstances.
If the charges are not dismissed, the judge conducts an adjudicatory hearing—an informal, actual hearing of the case by the court.

33. Disposition of Juvenile Cases
To settle juvenile cases, the judge may:
allow the offender to return home on probation
place the offender in an agency or foster home
commit the offender to a training or reform school.

34. Reviewing What You Learned What are some alternatives to litigation?
Section 2.2 Assessment
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What are some alternatives to litigation?

35. Reviewing What You Learned Answer
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Answer
Alternative dispute resolution (ADR)—reactive and proactive methods.

36. Reviewing What You Learned
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What is the difference between a civil case and a criminal case?

37. Reviewing What You Learned Answer
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Answer
Criminal: brought by government for offenses committed against public at large.
Civil: brought by individuals who believe they have been injured by another party.

38. Reviewing What You Learned What are the steps in a civil lawsuit?
Section 2.2 Assessment
Reviewing What You Learned
What are the steps in a civil lawsuit?

39. Reviewing What You Learned Answer
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Answer
attorney investigates the case
possible alternatives to litigation explored
pleadings
pretrial hearing
jury selection

40. Reviewing What You Learned Answer
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Answer
opening statements
evidence introduced
closing arguments
instructions to the jury
verdict and judgement given

41. Reviewing What You Learned
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How can people exercise their rights when they are arrested?

42. Reviewing What You Learned Answer
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Answer
By knowing their rights, such as the right to know what crime they are charged with and the right to use a telephone, people are more able to exercise them.

43. Reviewing What You Learned
Section 2.2 Assessment
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What are the steps in a criminal prosecution?

44. Reviewing What You Learned Answer
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Answer
arrest of the defendant
grand jury hands down an indictment
suspect is arraigned
trial opens with jury selection if requested
opening statements are made

45. Reviewing What You Learned Answer
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Answer
evidence is introduced
closing statements are made
instructions are given to the jury
jury announces decision
if guilty, the judge imposes a sentence

46. Reviewing What You Learned How do the courts treat juvenile cases?
Section 2.2 Assessment
Reviewing What You Learned
How do the courts treat juvenile cases?

47. Reviewing What You Learned Answer
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Answer
Handled by juvenile court starting with a detention hearing. If the charges are not dismissed at this time, judge conducts an adjudicatory hearing.

48. End of Section 2.2