1. Fraud Examination, 3E Chapter 18: Legal Follow-Up
COPYRIGHT © 2009 South-Western, a part of Cengage Learning

2. Learning Objectives Identify important aspects of the court system.
Understand the civil litigation process.
Understand the criminal litigation process.
Describe the nature of an expert witness.

3. The Court System State Courts Can handle nearly every type of case.
Governed by:
U.S. Constitution
The state’s constitution
The state’s laws
*Generally handle most fraud cases.

4. The Court System
The Organization of State Courts

5. The Court System
Federal Courts Handle cases the U.S. Constitution or federal laws give authority. Handle court cases that involve federal laws or include several states.

6. The Court System
The Organization of Federal Courts

7. Civil and Criminal Fraud Trials
Criminal vs. Civil Law Criminal Law: Involves laws that deal with offenses of a public nature and are generally considered to be offenses against society as a whole. Civil Law: Body of law that provides remedies for violations of private rights.

8. The Civil Litigation Process
Four steps:
Investigation and pleadings
Discovery
Motion practice and negotiation
Trial and appeal.

9. The Criminal Litigation Process
Seven steps:
Filing criminal charges
Arresting and charging the defendant
Preliminary hearings
Arraignment
Discovery
Pretrial motions
Trial and appeal

10. The Nature of an Expert Witness
An expert witness is an individual who has unique experience, education, or training regarding a subject and can offer opinions about it.