1. The Judicial Process

2. Federal Judges
The President of the U.S. appoints Federal Judges and confirmation is approved by the Senate (Article III in the Constitution).
Once appointed, the Judges are APPOINTED FOR LIFE, unless they are removed by impeachment.

3. All Judges in N.C. are elected to their position.
North Carolina Judges
All Judges in N.C. are elected to their position.

4. The United States System
****The United States court system is called an ADVERSARIAL SYSTEM****
An adversary is a an opponent:
(Superman vs. Lex Luther;
Professor X vs. Magnito)
The courtroom puts people
against one another

5. Major Players in the Courtroom
Plaintiff: In Civil Cases, the injured party who brings an action against an alleged offender.
Defendant: The individual whom a claim is made against in the court room

6. Major Players Continued:
In Civil Cases, the defendant is the person being sued.
In Criminal Cases, the defendant is the person charged with committing a crime.
Prosecutor – Criminal Cases: Legal representative of the Government.
The Prosecutor is the U.S. Attorney in Federal Courts, the District Attorney in State Courts

7. Public Defender: The court-appointed representative for impoverished defendants whom cannot afford their own attorney.
Bailiff: An officer in State and Federal Courts whose duties include keeping order in the courtroom and guarding prisoners or jurors in deliberation (discussion).
Example: All rise! Judge Judy

8. “Burden of Proof”
Burden of proof means that you have the job of proving the other person guilty.
In criminal court, the prosecution has the Burden of proof, in civil court it is the plaintiff
In criminal court, the defendant must be proven guilty “beyond a reasonable doubt”
Remember that we are “innocent until proven guilty”
In civil court you are proven guilty “with a preponderance of the evidence”

9. JURY
Jurors: U.S. Citizens who listen to cases and determine a person’s right to property, right to freedom or in capital cases, right to life.
Generated lists of jurors come from voter registration and drivers’ license lists.

10. TWO TYPES OF JURIES
1. GRAND JURY: CITIZENS WHO DECIDE WHETHER OR NOT TO INDICT THE PERSON. THEY DO NOT TAKE PART IN THE TRIALS, ONLY IN THE INDICTMENT PROCESS. (CHARGING THE PERSON WITH THE CRIME).
2. PETIT “TRIAL” JURY: CITIZENS WHO SERVE AS FACT FINDERS DURING TRIALS (guilty or not)

11. Roles in the courtroom
Defense: defend the person that is charged with a crime
Prosecution: represents the government. Proves the defendant guilty
Plaintiff: represents the person that was wronged in civil law
Grand Jury: issues indictments to charge a person with a crime
Petite Jury: issues a guilty or not guilty verdict
Judge: issues a sentence and controls the courtroom

12. Civil Court Procedure
-Can take years to settle in court because of so many cases
Most settle out of court
Steps:
-File a Complaint
Formal statement naming plaintiff, defendant, and nature of lawsuit
-Summons is issued
Sent to the defendant to inform them of the case
-Attorney’s exchange pleadings
The complaint and the defendant’s answer together
-Court presentations
Attorneys present cases

13. Civil Court Procedure -Judge or jury deliberate
“Preponderance of evidence”
Whoever has best evidence wins
-Verdict is issued
Plaintiff wins = remedy set
Plaintiff loses = gets nothing and pays court costs

14. Criminal Cases -Criminal Case
-law that deal with cases involving violations of criminal code
Government charges defendant with a crime and is always the prosecution
“State vs. ___________”
-Penal Code
set of written laws and punishments designed by each state and the federal government to describe crimes
Police officers, lawyers, and judges must know it

15. Types of Criminal Cases
-Misdemeanors
Lesser crimes
-Felonies
Serious/violent crimes
-Crimes against Property
Larceny, Burglary, Robbery
Vandalism, Fraud, Embezzlement
-Crimes against People
Murder
Manslaughter
Rape
Kidnapping
Assault

16. Criminal Punishments
-Penalties vary according to the seriousness of the crime committed (8th Amendment)
-Crime against people will carry greater punishments
-Role of Punishment
-rehabilitation, deterrence
Goal is to help criminals learn to re-enter society and be productive
Keep others from committing crimes
-Indeterminate Sentencing
-Judge gives a range of sentences
Depends on judge, politics, etc.
-Mandatory Sentencing
3 strike laws: 3 times charged = jail time
-Parole
Early release from jail

17. Verdict Sentence Indictment Plaintiff Defense Prosecution
Terms To know
Verdict
Sentence
Indictment
Plaintiff
Defense
Prosecution
Public defender
Grand Jury
Petite Jury
Hung Jury
Burden of Proof
Adversarial System