Bell Work Questions Where does the name “nor`easter” come from? What kind of test does North Dakota want students to pass to get a HS Diploma? What is a normal part of Mongoose behavior?

Civil and Criminal Cases

Lawsuits Civil Lawsuits are filed when one person sues another for damages -Property Disputes – claim that property has been damaged -Contract Issues – claim that one party hasn’t met terms -Divorce – family matters Negligence-- Term explaining the idea that an accident was caused by the careless actions of another person; also called torts -Personal Injury – result of car accident

-Another type of Civil Law Suits of Equity -Another type of Civil Law Suits of Equity ask the court to make a decision based on fairness in an area where there is no law -Usually started to prevent some action from taking place (to stop the state from building a highway through a local park) Injunctions: a court order to do or not do something

Cases can take years to settle in court because of so many cases Civil Court Procedure Cases can take years to settle in court because of so many cases Adversarial Nature plaintiff and defendant work against one another

Civil Court Procedure Steps: 1. Dispute – Litigation happens because at least 2 people disagree over something 2. Complaint is filed by the Plaintiff- a formal statement naming the plaintiff and defendant and the nature of the lawsuit -A Summons is issued to the defendant informing him of the suit and ordering him to be in court

Civil Court Procedure 3. Defendant can file an answer or a motion to dismiss 4. Discovery Period: Both sides find out information from one another through depositions and interrogatories 5. Settlement? Ask for summary judgment/avoid trial: Summary judgments are before a trial if an agreement can be reached.

Civil Court Procedure Trial: Jury selection/opening statements by plaintiff; response by defense/rebuttals/closing arguments. Only need 51% of jury to agree. Appeals: An appeal by either side can be made to a higher court, but new evidence can’t be introduced.

Ways to Resolve Civil Disputes Before Trial Mediation Each side presents their side before an impartial 3rd party The mediator doesn’t decide the issue; just helps the 2 sides do so themselves Arbitration An impartial 3rd party hears the case and makes a decision The decision of the arbitrator is binding

Cases involving violations of criminal code Criminal Cases Cases involving violations of criminal code - the government is the prosecutor - a crime is an act that breaks a federal or state criminal law and causes harm to people or society in general Penal Code set of written laws and punishments designed by each state and the federal government to describe crimes

Criminal Cases Steps: Crime is committed: An offense has been committed and an investigation has to be conducted 2. Suspect is processed: Charges have been brought, the accused must be fingerprinted, etc.

Criminal Cases Accused is charged: After charges are brought, the accused becomes a defendant Indictment is issued: Grand jury determines if there’s enough evidence to indict. Only prosecutor presents evidence Plea bargain is considered: Prosecutors can offer lighter sentences to get guilty pleas

Criminal Cases Trial/Verdict: Same process as civil but higher burden of proof (“beyond a reasonable doubt”) Appeals: Defendant can appeal conviction; capital murder cases have lengthy appeals process

Penalties vary according to the seriousness of the crime committed Criminal Penalties Penalties vary according to the seriousness of the crime committed Crimes against people will carry greater punishments Roles of Punishment -rehabilitation – to correct a person’s behavior -deterrence – to prevent someone from committing a crime Mandatory Sentencing- required penalties for certain crimes

Mandatory Sentencing- required penalties for certain crimes Criminal Penalties Mandatory Sentencing- required penalties for certain crimes An example is the 3 strike laws , which are statutes enacted by state governments to require state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions.

Criminal Penalties 3 strikes law/mandatory sentences attempt to address recidivism, or repeat offenders

Parole – early release for good behavior Criminal Penalties Parole – early release for good behavior The criminal goes before the parole board, which makes a determination as to whether or not he/she is ready to re-enter society

America Losing Faith in the Death Penalty