Civil Legal Process Essential Questions: What are the steps of a trial, and how are the rights of citizens maintained through the legal process?

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Presentation transcript:

Civil Legal Process Essential Questions: What are the steps of a trial, and how are the rights of citizens maintained through the legal process?

Civil Cases Types of Civil Cases: - Tort: lawsuit involving bodily injury due to negligence - Property disputes - Contract disputes - Family issues - Suit in Equity: lawsuit to prevent an action. If won, court issues an injunction (legal document that stops the action)

What Happens in a Civil Case? - Plaintiff: person who was wronged and files lawsuit - Defendant: person who is being sued 1. Complaint: plaintiff notifies court of the dispute and identifies the defendant 2. Summons: defendant notified of lawsuit - subpoena: legal document requiring someone to appear in court (used in both civil and criminal cases) 3. Answer: court of intention to fighdefendant admits responsibility or notifies t the lawsuit 4. Discovery: both sides collect information, interview witnesses, and prepare case

Civil Case continued… 5. Pretrial discussion: both sides meet with judge to discuss case before trial - mediation: both sides meet with impartial mediator who suggests a solution. If either side disagrees they can go to trial - arbitration: same as mediation but both sides agree to do whatever the arbitrator decides before the meeting 6. Trial: right to a jury if more than $20, but often just a judge because it is cheaper. Plaintiff must present a “preponderance of evidence” to win 7. Decision: if plaintiff wins, defendant pays damages; if defendant wins, plaintiff pays court costs. If there is a jury, they only need a majority decision.

Juvenile Criminal Cases Essential Questions: What rights should people be guaranteed when they are accused of crimes? Why should individuals accused of crimes be presumed innocent and guaranteed rights? Why and how should government enforce laws while still insuring equal protection under the law?

Juvenile Justice Juvenile offender: any person under 18 who commits a crime Primary goal of juvenile system is rehabilitation Differences between adult and juvenile trials: - no jury, only a judge decides the case - no photographs of the accused - fingerprints of accused are not kept in criminal fingerprint databases

Juveniles continued… Punishments for juvenile offenders: - Stern lecture - reform school - treatment center - probation - juvenile detention center (prison for juveniles) Rights of accused juveniles: right to confront accusers, be silent, have attorney, and must be notified of charges.