2 2 Forms of Trial Procedure Civil & Criminal Trials begin differentlyCIVILIndividuals who believe they have been injured initiate civil cases.CRIMINALThe Gov’t. brings criminal cases for offenses committed against the public at large.
3 Civil Trial Procedure Happens 1 of 2 ways: Head to Trial OR Alternative Dispute ResolutionAn alternative to lawsuits where parties try to resolve disagreements outside of the court systemUsually quicker and less expensive
4 Alternative Dispute Resolution 2 Forms:Reactive Methods - used after dispute has arisenMediation - when parties invite a 3rd party to find solutionArbitration - when parties transfer the power to settle dispute to 3rd partyPrivate Civil Trial - parties hold trial at a time and place of their choosingProactive Methods - used before a dispute arisesPartnering - when parties to an involved contract agree to meet to get to know one another in advanceNegotiated Rule Making - when an agency about to create a new rule or revise rules meets with parties who will be affected
5 Steps In A Jury Trial If Alternative Dispute Resolution is not used 1) Pleading - formal papers filed with the court by both sides (plaintiff and defendant)Pleadings outline the complaint - allegations or claim on behalf of the plaintiffAnswer - the response to allegations by the defendantThen the Lawyer for injured party investigatesDepositions, interrogations, requests for documents, examinations, etc.If case can not be settled at this point it it placed on the court docket (calendar) for trial.
6 Steps In A Jury Trial2) Pretrial hearing - informal meeting before a judge to discuss key points3) Jury selection - drawn from pool of citizens4) Opening statements - presented by each sideExplains what they intend to provePlaintiff attorney goes first followed by defendant’s lawyer
7 Steps In A Jury Trial 5) Witness/Evidence Presented Documents, physical evidence, witnesses, affidavitsPlaintiff begins. Defense cross examines and when plaintiff rests, presents their own evidence. Repeat.6) Closing Arguments - summary of evidence & suggestion to judge/jury why they should find favor for their client.
8 Steps In A Jury Trial Instructions to jury - judge explains law to jury. Lawyers can add suggestions.7) Jury’s Verdict - Jury leaves court to deliberate (discuss) their verdict (decision)Judgment - the court’s decision in the case
9 Civil Trial cont.Remedies - Something given to the plaintiff from the defendant2 forms:Payment of damages OR equitable remedyPayment of damages - financial paymentEquitable remedy:Specific performance - requirement for defendant to do what was promised in a contractInjunction - order to stop defendant from performing an action
10 Criminal Trial Procedure Step 1: Arrest of DefendantArrest: occurs when a person is deprived of their freedom.Arrest at any time with a warrant.Can also search and take property with warrant.Arrest without a warrant if officer believes person has been/is committing a felony.Person can be searched without a warrant after arrest.Limited search allowed without a warrant. Full search with.Must be read Miranda Rights (Miranda vs AZ)Bail - money or other property left with the court to assure a person will return to trial.
11 Criminal Trial Procedure cont. Step 2: ArraignmentSuspect is brought before court after arrestGrand jury may be used to determine if there is enough evidence to justify accusing someone of a crimeIndictment - written accusation charging the individualArraignment - when suspect is read indictment and asked to plead guilty or not guiltyGuilty - judge can give sentenceNot Guilty - case proceeds to trial
13 Criminal Trial cont. Step 3: Trial Step 4: Sentencing Tried before a judge or jury, if defendant asks for jury trialProceeds just like civil trialJury verdict must be unanimous - either guilty beyond a reasonable doubt or not guilty.Step 4: SentencingFinesImprisonmentDeath Penalty