Civil Trial Procedures

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Section 2.2
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Civil Trial Procedures

• Civil and criminal trials begin differently.
• The government brings criminal cases for offenses
  committed against the public at large.
• In contrast, individuals who believe they have
  been injured initiate civil cases.

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Civil Trial Procedures

• When someone brings a civil case to an attorney,
  the lawyer investigates the case, which can be
  expensive.
• As a result, people have begun to explore
  alternatives to lawsuits.

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Alternative Dispute Resolution (ADR)

• occurs when parties try to resolve disagreements
  by using creative settlement techniques
• can be classified as reactive methods and
  proactive methods.

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Pleadings
Civil trials begin with pleadings, the formal
papers filed with the court by the plaintiff and
defendant.
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Pleadings
These papers express the plaintiffs allegations,
or claims, in the form of a complaint. The
defendants response to those allegations is
known as the answer.
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Pretrial Hearing

• A pretrial hearing is an informal meeting before
  a judge.
• It is intended to simplify the issues and discuss
  matters that might help dispose of the case.

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Steps in a Jury Trial

• selecting the jury
• opening statements
• introduction of evidence
• closing arguments
• instructions to the jury
• verdict and judgment

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Selecting the Jury
The jury is selected from a pool of citizens who
have been called to serve. The lawyers question
each juror selected from the pool trying to
predict whether a juror will be fair or
prejudiced.
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Opening Statements
In their opening statements, attorneys for each
side explain what they intend to prove. The
plaintiffs attorney goes first.
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Introduction of Evidence
The plaintiffs attorney presents all of the
plaintiffs evidence. Types of evidence include

• documentary items, such as contracts or
  affidavits (sworn statements)
• physical objects, such as weapons
• witness testimony

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Introduction of Evidence
The defense attorney has the chance to
cross-examine the plaintiffs witnesses. When
the plaintiffs attorney rests, the defendants
attorney presents evidence favorable to his or
her client.
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Closing Arguments
Each attorney summarizes the evidence and
suggests reasons why the judge or jury should
find in favor of his or her client.
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Instructions to the Jury
The judge must explain the law to the jury in a
process called jury instruction.
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Verdict and Judgment
The members of jury go to the jury room to
deliberate upon their verdict, or decision.
Following the verdict, the court issues a
judgement, the courts determination or decision
in the case.
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Remedies
Generally there are two categories of remedies

• the payment of damages, or
• an equitable remedy, which asks the court to do
  what is fair and just

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Remedies
Specific performance is a remedy in which the
plaintiff requests that the defendant do what he
or she promised in a contract. Injunction is an
order by the court to stop the defendant from
performing an action.
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What is the purpose of a pretrial hearing?
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ANSWER
It is intended to simplify the issues and discuss
matters that might help dispose of the case.
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Criminal Trial Procedure
The criminal trial procedure follows these steps

• arrest of the defendant
• the arraignment
• the trial
• sentencing

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Arrest of the Defendant

• An arrest occurs when a person is deprived of his
  or her freedom.
• Arrested people must be informed for their
  constitutional rights.

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Rights of the Defendant

• to be told what crimes they are being arrested
  for and the names of the police officers making
  the arrest
• to make a telephone call

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Rights of the Defendant

• to possibly be released on bail (money or other
  property that is left with the court to assure
  that the person arrested, but released, will
  return to trial).
• to remain silent

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Rights of the Defendant

• to talk to an attorney and have an attorney
  present during questioning
• to have a fair trial
• to be presumed innocent until proven guilty

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The Arraignment
If members of a grand jury decide a crime has
been committed, they issue an indictment. An
indictment is a written accusation charging the
individual.
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The Arraignment
Following the indictment, the accused is brought
to court for arraignment. At the arraignment,
the indictment is read to the suspect, and the
suspect is asked to plead guilty or not guilty.
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The Trial
If the defendant requests a jury trial

• jurors are selected
• attorneys make opening statements, introduce
  evidence
• attorneys make closing statements
• jury receives instructions, announces decision
• if guilty, judge imposes sentence

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The Trial
If the defendant does not request a jury trial,
the case is tried before the judge, who decides
the verdict.
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Sentencing
After a person has been convicted of a crime, he
or she is sentenced by the court. Penalties
include

• fines
• imprisonment
• the death penalty

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Disposition of Juvenile Cases

• Cases involving juvenile offenders are handled by
  the juvenile court.
• The juvenile court system is designed so that
  each case and special circumstances are
  considered individually.

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Disposition of Juvenile Cases

• The judge usually holds a detention hearing to
  learn whether there are good reasons to keep the
  accused in custody.
• An investigation is begun into the minors
  background and home life.

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Disposition of Juvenile Cases

• The judge might dismiss the charges because of
  special circumstances.
• If the charges are not dismissed, the judge
  conducts an adjudicatory hearingan informal,
  actual hearing of the case by the court.

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Disposition of Juvenile Cases
To settle juvenile cases, the judge may

1. allow the offender to return home on probation
2. place the offender in an agency or foster home
3. commit the offender to a training or reform
   school.

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Section 2.2 Assessment
Reviewing What You Learned

1. What are some alternatives to litigation?

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Section 2.2 Assessment
Reviewing What You Learned
Answer
Alternative dispute resolution (ADR)reactive and
proactive methods.
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Section 2.2 Assessment
Reviewing What You Learned

1. What is the difference between a civil case and a
   criminal case?

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Section 2.2 Assessment
Reviewing What You Learned
Answer
Criminal brought by government for offenses
committed against public at large. Civil
brought by individuals who believe they have been
injured by another party.
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Section 2.2 Assessment
Reviewing What You Learned

1. What are the steps in a civil lawsuit?

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Section 2.2 Assessment
Reviewing What You Learned
Answer

• attorney investigates the case
• possible alternatives to litigation explored
• pleadings
• pretrial hearing
• jury selection

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Section 2.2 Assessment
Reviewing What You Learned
Answer

• opening statements
• evidence introduced
• closing arguments
• instructions to the jury
• verdict and judgement given

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Section 2.2 Assessment
Reviewing What You Learned

1. How can people exercise their rights when they
   are arrested?

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Section 2.2 Assessment
Reviewing What You Learned
Answer
By knowing their rights, such as the right to
know what crime they are charged with and the
right to use a telephone, people are more able to
exercise them.
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Section 2.2 Assessment
Reviewing What You Learned

1. What are the steps in a criminal prosecution?

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Section 2.2 Assessment
Reviewing What You Learned
Answer

• arrest of the defendant
• grand jury hands down an indictment
• suspect is arraigned
• trial opens with jury selection if requested
• opening statements are made

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Section 2.2 Assessment
Reviewing What You Learned
Answer

• evidence is introduced
• closing statements are made
• instructions are given to the jury
• jury announces decision
• if guilty, the judge imposes a sentence

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Section 2.2 Assessment
Reviewing What You Learned

1. How do the courts treat juvenile cases?

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Section 2.2 Assessment
Reviewing What You Learned
Answer
Handled by juvenile court starting with a
detention hearing. If the charges are not
dismissed at this time, judge conducts an
adjudicatory hearing.
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End of Section 2.2