1. 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?

2. Civil and Criminal Cases

3. 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

4. -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

5. 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

6. 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

7. 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.

8. 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.

10. 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

11. 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

12. 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.

13. 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

14. 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

15. 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

16. 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.

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

19. 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

20. America Losing Faith in the Death Penalty