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Civil and Criminal Procedure

Civil and Criminal Procedure. NCSCOS 5.03. Essential Question. What are the steps in civil and criminal case?. Civil Procedure. Majority settled out of court. Civil Procedure. 1) Dispute: At least two people disagree so they sue

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Civil and Criminal Procedure

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  1. Civil and Criminal Procedure NCSCOS 5.03

  2. Essential Question • What are the steps in civil and criminal case?

  3. Civil Procedure • Majority settled out of court

  4. Civil Procedure • 1) Dispute: At least two people disagree so they sue • 2) Complaint filed: Plaintiff files a legal complaint(describes the case) against the defendant. Summons(tells defendant about lawsuit and set court date) is sent to defendant

  5. Civil Procedure • 3) Defendant Can: 1) Ignore & receive default judgment 2) Motion to dismiss 3) File an answer to the complaint • 4) Discovery: Both sides find out information

  6. Civil Procedure • 5) Summary judgment/avoid trial: Summary judgment is made by court without trial. Can also settle(offer you $) out of court or arbitration(binding decision) • 6) Trial: Opening statements by plaintiff, defense responds, rebuttals, closing statements; 51% of jury agree

  7. Civil Procedure • 7) Appeals: You can file an appeal but they don’t take new evidence

  8. Criminal Procedure • Majority plea bargained

  9. Criminal Procedure • 1) Crime committed: someone has broken the law; person is arrested • 2) Prosecuted/Processed: Charges have been brought and the accused is processed(printed)

  10. Criminal Procedure • 3) Preliminary Hearing/Charged: After charges are brought, the accused becomes the defendant • 4) Indicted: Grand jury determines if there is enough evidence to indict(charge) • 5) Arraignment/Plea: Plead guilty or not guilty./ Can plea bargain---admit guilt for lighter sentence

  11. Criminal Procedure • 6) Trial/Verdict: Same trial process as civil; higher burden of proof— “beyond a reasonable doubt” • Cross-examination(one side questions the other) • 1) guilty, 2) not guilty(acquittal), 3) hung jury(can’t decide) • 7) Appeals: Can appeal but no new evidence; length process

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