Section 2.2

1. Section 2.2

2. What You’ll Learn • How to seek alternatives to litigation (p. 34) • How to differentiate between civil and criminal cases (p. 34)

3. What You’ll Learn • How to explain the steps in a civil lawsuit (p. 36-41) • How to exercise your rights if arrested (p. 43)

4. What You’ll Learn • How to explain the steps in a criminal prosecution (p. 43-47) • How to apply court procedures to juvenile cases (p. 47)

5. Why It’s Important Learning the alternative to litigation will help you handle disputes that arise.

6. Legal Terms • alternative dispute resolution (p. 34) • complaint (p. 36) • answer (p. 36) • verdict (p. 41) • judgment (p. 41) • specific performance (p. 41)

7. Legal Terms • injunction (p. 41) • arrest (p. 43) • bail (p. 43) • indictment (p. 45) • arraignment (p. 45) • detention hearing (p. 47)

8. Section Outline Civil Trial Procedure Alternative Dispute Resolution Pleadings Pretrial Hearing Steps in a Jury Trial Remedies Execution of Judgment

9. Section Outline Criminal Trial Procedure Arrest of the Defendant The Arraignment The Trial Sentencing Disposition of Juvenile Cases

10. Pre-Learning Question What is the difference between a civil and criminal trial?

11. 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.

12. 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.

13. Alternative Dispute Resolution • Occurs when parties try to resolve disagreements by using creative settlement techniques • Can be classified as reactive methods and proactive methods.

14. Pleadings Civil trials begin with pleadings, the formal papers filed with the court by the plaintiff and defendant.

15. Pleadings These papers express the plaintiff’s allegations, or claims, in the form of a complaint. The defendant’s response to those allegations is known as the answer.

16. 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.

17. Steps in a Jury Trial • Selecting the jury • Opening statements • Introduction of evidence • Closing arguments • Instructions to the jury • Verdict and judgment

18. 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.

19. Opening Statements In their opening statements, attorneys for each side explain what they intend to prove. The plaintiff’s attorney goes first.

20. Introduction of Evidence The plaintiff’s attorney presents all of the plaintiff’s evidence. Types of evidence include: • Documentary items, such as contracts or affidavits (sworn statements) • Physical objects, such as weapons • Witness testimony

21. Introduction of Evidence The defense attorney has the chance to cross-examine the plaintiff’s witnesses. When the plaintiff’s attorney rests, the defendant’s attorney presents evidence favorable to his or her client.

22. Closing Arguments Each attorney summarizes the evidence and suggests reasons why the judge or jury should find in favor of his or her client.

23. Instructions to the Jury The judge must explain the law to the jury in a process called jury instruction.

24. 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 judgment, the court’s determination or decision in the case.

25. 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

26. 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.

27. What is the purpose of a pretrial hearing?

28. ANSWER It is intended to simplify the issues and discuss matter that might help dispose of the case.

29. Pre-Learning Question How do you think a criminal trial proceeds?

30. Criminal Trial Procedure The criminal trial procedure follows these steps: • Arrest of the defendant • The arraignment • The trial • Sentencing

31. 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.

32. 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

33. 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

34. 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

35. 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.

36. 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.

37. 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

38. The Trial If the defendant does not request a jury trial, the case is tried before the judge, who decides the verdict.

39. 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

40. 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.

41. 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 minor’s background and home life.

42. 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 hearing—an informal, actual hearing of the case by the court.

43. Disposition of Juvenile Cases To settle juvenile cases, the judge may: • Allow the offender to return home on probation • Place the offender in an agency or foster home • Commit the offender to a training or reform school.

44. Section 2.2Assessment Reviewing What You Learned • What are some alternatives to litigation?

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

46. Section 2.2Assessment Reviewing What You Learned • What is the difference between a civil case and a criminal case?

47. Section 2.2Assessment 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.

48. Section 2.2Assessment Reviewing What You Learned • What are the steps in a civil lawsuit?

49. Section 2.2Assessment Reviewing What You Learned Answer • Attorney investigates the case • Possible alternatives to litigation explored • Pleadings • Pretrial hearing • Jury selection

50. Section 2.2Assessment Reviewing What You Learned Answer • Opening statements • Evidence introduced • Closing arguments • Instructions to the jury • Verdict and judgment given