COURT CASES

There are two types of court cases: 1. Criminal: A case where someone is accused of breaking the law 2. Civil: A disagreement between two parties where someone is seeking compensation for damages. Criminal cases can be broken into 3 groups 1. infractions 2. Misdemeanors 3. Felonies

CRIMINAL PROCEDURE There are 5 steps in criminal procedure  1. A suspect is arrested if the police have a warrant or probable cause.  Probable cause means the police have a valid reason to believe you are breaking the law.  2. A suspect is either put in jail or released on bail.

Criminal Procedure continued  3. The suspect is given an arraignment hearing.  An arraignment is a preliminary hearing where three small things are done to prepare for the trial. a. Probable cause is reviewed b. The suspect is appointed a lawyer if he does not already have one c. A trial date is set  4. The case goes to trial.  5. A guilty verdict may be appealed.

Criminal Procedure continued KEY PLAYERS in a Criminal case  A. Defendant- The person accused of a crime  B. The State- The state (or nation if this is in US district court) has accused the defendant of breaking a law.  C. Prosecutor-The lawyer who works for the state and is arguing for a guilty sentence.  D. Judge- Presides over a trial. He will determine the penalty if the defendant is found guilty. If there is no jury, he will decide guilt or innocence.  E. Jury-A group of regular people who are called from the community to hear the case. The jury will determine guilt or innocence.

PLAYERS CONTINUED F. Magistrate  The magistrate works like the judge except he cannot hear cases and decide a verdict. He can issue warrants, summons, and subpoenas. He can also hear probable cause.

CIVIL PROCEDURE There are 6 steps in civil procedure  1. The plaintiff files a complaint to receive damages or compensation  2. The defendant receives a copy of the complaint as well as a summons  A summons is a letter telling you what date to appear in court 3. The defendant writes a response accepting or denying responsibility.

Civil Procedure continued 4. Both sides go through a process called discovery (trying to find all the evidence they can). 5. A trial is conducted 6. Both sides may appeal if they want

Civil Procedure continued KEY PLAYERS in a civil case:  A. Plaintiff- The person accusing someone of hurting them  B. Defendant- The person being accused of hurting the plaintiff  C. Judge- Presides over the case. The judge will make no ruling if there is a jury.  D. Jury- A group of regular people called from the community to hear the case. A jury decides whether the defendant is responsible or not. They can also hand down a punishment (how much the defendant has to pay).