COURT CASES

There are two types of court cases:1. Criminal: A case where someone is accused of

breaking the law

2. Civil: A disagreement between two parties where someone is seeking compensation for damages.

Criminal cases can be broken into 3 groups1. infractions2. Misdemeanors3. Felonies

CRIMINAL PROCEDURE

There are 5 steps in criminal procedure 1. A suspect is arrested if the police have

a warrant or probable cause. Probable cause means the police have a

valid reason to believe you are breaking the law.

2. A suspect is either put in jail or released on bail.

Criminal Procedure continued

3. The suspect is given an arraignment hearing. An arraignment is a preliminary hearing

where three small things are done to prepare for the trial.a. Probable cause is reviewedb. The suspect is appointed a lawyer if

he does not already have onec. A trial date is set

4. The case goes to trial. 5. A guilty verdict may be appealed.

Criminal Procedure continued

KEY PLAYERS in a Criminal case A. Defendant- The person accused of a crime B. The State- The state (or nation if this is in

US district court) has accused the defendant of breaking a law.

C. Prosecutor-The lawyer who works for the state and is arguing for a guilty sentence.

D. Judge- Presides over a trial. He will determine the penalty if the defendant is found guilty. If there is no jury, he will decide guilt or innocence.

E. Jury-A group of regular people who are called from the community to hear the case. The jury will determine guilt or innocence.

PLAYERS CONTINUED

F. Magistrate The magistrate works like the judge except he cannot

hear cases and decide a verdict. He can issue warrants, summons, and subpoenas. He can also hear probable cause.

CIVIL PROCEDURE

There are 6 steps in civil procedure 1. The plaintiff files a complaint to receive

damages or compensation 2. The defendant receives a copy of the

complaint as well as a summons A summons is a letter telling you what date

to appear in court3. The defendant writes a response accepting

or denying responsibility.

Civil Procedure continued

4. Both sides go through a process called discovery (trying to find all the evidence they can).

5. A trial is conducted6. Both sides may appeal if they want

Civil Procedure continued

KEY PLAYERS in a civil case: A. Plaintiff- The person accusing someone of

hurting them B. Defendant- The person being accused of

hurting the plaintiff C. Judge- Presides over the case. The judge

will make no ruling if there is a jury. D. Jury- A group of regular people called from

the community to hear the case. A jury decides whether the defendant is responsible or not. They can also hand down a punishment (how much the defendant has to pay).