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The U.S. Justice System. U.S. Justice System. There are two types of cases recognized by the U.S. Justice System The first type of case is a Civil Law Civil law covers private disputes between people over property or relationships What you need to know…
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U.S. Justice System There are two types of cases recognized by the U.S. Justice System • The first type of case is a Civil Law • Civil law covers private disputes between people over property or relationships • What you need to know… • People who violate civil law are often fined or otherwise punished, but are not usually subject to imprisonment • Consists of several categories including: contracts, tort law, property law, and family law
Civil Lawsuits • Civil Lawsuits do not always end up in court • Alternatives to court include: • Mediation: trained negotiator works with both sides to reach a compromise acceptable to both parties • Arbitration: a third party listens to both sides and issues a ruling that both parties have agreed to accept in advance • Negotiation: both sides discuss ways to resolve the issue without the involvement of a third party
Civil Lawsuits in Court • If a civil lawsuit goes to trial, the process is as follows… • 1) plaintiff hires a lawyer and files a complaint • 2) both sides can seek to settle dispute prior to trial date • 3) two sides exchange information about evidence (discovery) • 4) case may be heard by judge or jury • 5) judge or jury issue a ruling • 6) decision may be appealed
Criminal Cases • The second type of case recognized by the U.S. Justice system is a Criminal Case • There are two types of criminal cases • Misdemeanors: a minor offense for which a person will receive a minor fine or be imprisoned for less than a year • Trespassing, traffic violations, petty theft • Felonies: a more serious crime that carries a harsher sentence • Murder, sexual assault, grand theft
Criminal Cases • The process for a criminal case is as follows… • 1) Evidence presented before a grand jury • 2) Issuance of a formal complaint, indictment • 3) Accuses is arrested and taken into custody • 4) Arraignment – formal reading of charges • 5) Hearing to set bail • 6) Entering a plea / possible plea bargain (most cases) • 7) Trial / Sentencing (if found guilty)