Guided notes provided Chapter 16 Sections 1 & 2

 Courtrooms job is to provide a place for the plaintiff and defendant to resolve their differences.  Plaintiff: The person or group filing a lawsuit.  Defendant: person being sued  Judge: listens to lawsuit and makes a final decision.

 Family matters (Divorce or Child support)  Property disputes  Breach or failure to uphold a contract

1.) Bringing Suit: A lawyer is hired and he files a complaint (a formal statement naming the plaintiff and defendant and explaining the nature of the lawsuit) 2.) The Court sends the defendant a summons: (a document telling him to appear in court on a given date and time.)

3.) The Defendant’s response: this persons attorney may file an “answer” to the complaint by admitting to charges or denying charges. The complaint and the answer together are called the pleadings.  At this time, each sides lawyer has the chance to question the other party. This process is called discovery.

4.) Pretrial Discussions: the judge who is hearing the case can request to have pretrial discussions to get a clear understanding of each side before the actual trial.

 Most civil cases “settle” outside of court.  Maybe one side realizes, in pretrial discussions, that their case is weak  Or maybe it is during the “discovery” step as cost begin to build up and people become more willing to compromise.

5.) Trial: if there is no settlement before, the case goes to trial. (most of the time a judge will hear civil cases without a jury)  Plaintiff presents its side  Defendant will then present its side.  After all the evidence is presented, the judge determines his verdict, or decision.

 The government charges someone with a crime. The government is always the prosecution, which is the party who starts the legal proceedings against someone for a violation of the law.  A crime: an act that breaks a federal or state criminal law and causes harm to people or the society.

 Misdemeanor: a minor violation to the law such as vandalism, writing bad checks, or stealing something of little cost. Person may be fined or sentenced to jail for a year or less.  Felony: A major or serious violation of the law. Person may be imprisoned for one year to life, or in murder cases, punishment by death.

1.) Criminal cases begin when a police officer arrest someone. Look on Page 371 in your textbook. Locate the paragraph about the rights of someone who has just been arrested.

2.) Preliminary Hearing:  After the arrest, the person must appear before a judge.  Bail is set

3.) Indictment: A grand jury or a judge hears evidence and formally charges the person with the crime. 4.) Arraignment: Defendant pleads guilty or not guilty to the charges and a trial date is set.

5.)Trial: The defense gets to work by interviewing witnesses, studying the laws and gathering information.  The jury is chosen and hears from each lawyer on both sides of the case.  Each side calls witnesses to testify.  After a witness testifies, the other side is allowed to cross-examine the witness.

 6.) Verdict: The judge and jury releases their decision.  Not Guilty: Acquittal is a vote of not guilty and the defendant is immediately released  Guilty: The defendant is found guilty “beyond a reasonable doubt”.  If the jury cannot come up with a decision, the judge declares a “hung jury” or a mistrial.