2Civil 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.
3Civil 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.
4Alternative Dispute Resolution (ADR) occurs when parties try to resolve disagreements by using creative settlement techniquescan be classified as reactive methods and proactive methods.
5PleadingsCivil trials begin with pleadings, the formal papers filed with the court by the plaintiff and defendant.
6PleadingsThese 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.
7Pretrial HearingA 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.
8Steps in a Jury Trial selecting the jury opening statements introduction of evidenceclosing argumentsinstructions to the juryverdict and judgment
9Selecting the JuryThe 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.
10Opening StatementsIn their opening statements, attorneys for each side explain what they intend to prove. The plaintiff’s attorney goes first.
11Introduction of Evidence The plaintiff’s attorney presents all of the plaintiff’s evidence. Types of evidence includedocumentary items, such as contracts or affidavits (sworn statements)physical objects, such as weaponswitness testimony
12Introduction 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.
13Closing ArgumentsEach attorney summarizes the evidence and suggests reasons why the judge or jury should find in favor of his or her client.
14Instructions to the Jury The judge must explain the law to the jury in a process called jury instruction.
15Verdict and JudgmentThe 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.
16Remedies Generally there are two categories of remedies: the payment of damages, oran equitable remedy, which asks the court to do what is fair and just
17RemediesSpecific 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.
19ANSWERIt is intended to simplify the issues and discuss matters that might help dispose of the case.
20Criminal Trial Procedure The criminal trial procedure follows these steps:arrest of the defendantthe arraignmentthe trialsentencing
21Arrest 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.
22Rights of the Defendant to be told what crimes they are being arrested for and the names of the police officers making the arrestto make a telephone call
23Rights 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
24Rights of the Defendant to talk to an attorney and have an attorney present during questioningto have a fair trialto be presumed innocent until proven guilty
25The ArraignmentIf members of a grand jury decide a crime has been committed, they issue an indictment.An indictment is a written accusation charging the individual.
26The ArraignmentFollowing 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.
27The Trial If the defendant requests a jury trial: jurors are selected attorneys make opening statements, introduce evidenceattorneys make closing statementsjury receives instructions, announces decisionif guilty, judge imposes sentence
28The TrialIf the defendant does not request a jury trial, the case is tried before the judge, who decides the verdict.
29SentencingAfter a person has been convicted of a crime, he or she is sentenced by the court. Penalties include:finesimprisonmentthe death penalty
30Disposition 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.
31Disposition 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.
32Disposition 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.
33Disposition of Juvenile Cases To settle juvenile cases, the judge may:allow the offender to return home on probationplace the offender in an agency or foster homecommit the offender to a training or reform school.
34Reviewing What You Learned What are some alternatives to litigation? Section 2.2 AssessmentReviewing What You LearnedWhat are some alternatives to litigation?
35Reviewing What You Learned Answer Section 2.2 AssessmentReviewing What You LearnedAnswerAlternative dispute resolution (ADR)—reactive and proactive methods.
36Reviewing What You Learned Section 2.2 AssessmentReviewing What You LearnedWhat is the difference between a civil case and a criminal case?
37Reviewing What You Learned Answer Section 2.2 AssessmentReviewing What You LearnedAnswerCriminal: brought by government for offenses committed against public at large.Civil: brought by individuals who believe they have been injured by another party.
38Reviewing What You Learned What are the steps in a civil lawsuit? Section 2.2 AssessmentReviewing What You LearnedWhat are the steps in a civil lawsuit?
39Reviewing What You Learned Answer Section 2.2 AssessmentReviewing What You LearnedAnswerattorney investigates the casepossible alternatives to litigation exploredpleadingspretrial hearingjury selection
40Reviewing What You Learned Answer Section 2.2 AssessmentReviewing What You LearnedAnsweropening statementsevidence introducedclosing argumentsinstructions to the juryverdict and judgement given
41Reviewing What You Learned Section 2.2 AssessmentReviewing What You LearnedHow can people exercise their rights when they are arrested?
42Reviewing What You Learned Answer Section 2.2 AssessmentReviewing What You LearnedAnswerBy 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.
43Reviewing What You Learned Section 2.2 AssessmentReviewing What You LearnedWhat are the steps in a criminal prosecution?
44Reviewing What You Learned Answer Section 2.2 AssessmentReviewing What You LearnedAnswerarrest of the defendantgrand jury hands down an indictmentsuspect is arraignedtrial opens with jury selection if requestedopening statements are made
45Reviewing What You Learned Answer Section 2.2 AssessmentReviewing What You LearnedAnswerevidence is introducedclosing statements are madeinstructions are given to the juryjury announces decisionif guilty, the judge imposes a sentence
46Reviewing What You Learned How do the courts treat juvenile cases? Section 2.2 AssessmentReviewing What You LearnedHow do the courts treat juvenile cases?
47Reviewing What You Learned Answer Section 2.2 AssessmentReviewing What You LearnedAnswerHandled by juvenile court starting with a detention hearing. If the charges are not dismissed at this time, judge conducts an adjudicatory hearing.