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Trial Procedures

Trial Procedures. Chapter 2.2: Civil & Criminal Trials. 2 Forms of Trial Procedure. Civil & Criminal Trials begin differently CIVIL Individuals who believe they have been injured initiate civil cases. CRIMINAL

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Trial Procedures

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  1. Trial Procedures Chapter 2.2: Civil & Criminal Trials

  2. 2 Forms of Trial Procedure • Civil & Criminal Trials begin differently • CIVIL • Individuals who believe they have been injured initiate civil cases. • CRIMINAL • The Gov’t. brings criminal cases for offenses committed against the public at large.

  3. Civil Trial Procedure Happens 1 of 2 ways: • Head to Trial OR • Alternative Dispute Resolution • An alternative to lawsuits where parties try to resolve disagreements outside of the court system • Usually quicker and less expensive

  4. Alternative Dispute Resolution • 2 Forms: • Reactive Methods - used after dispute has arisen • Mediation - when parties invite a 3rd party to find solution • Arbitration - when parties transfer the power to settle dispute to 3rd party • Private Civil Trial - parties hold trial at a time and place of their choosing • Proactive Methods - used before a dispute arises • Partnering - when parties to an involved contract agree to meet to get to know one another in advance • Negotiated Rule Making - when an agency about to create a new rule or revise rules meets with parties who will be affected

  5. Steps In A Jury Trial If Alternative Dispute Resolution is not used • 1) Pleading - formal papers filed with the court by both sides (plaintiff and defendant) • Pleadings outline the complaint - allegations or claim on behalf of the plaintiff • Answer - the response to allegations by the defendant • Then the Lawyer for injured party investigates • Depositions, interrogations, requests for documents, examinations, etc. If case can not be settled at this point it it placed on the court docket (calendar) for trial.

  6. Steps In A Jury Trial • 2) Pretrial hearing - informal meeting before a judge to discuss key points • 3) Jury selection - drawn from pool of citizens • 4) Opening statements - presented by each side • Explains what they intend to prove • Plaintiff attorney goes first followed by defendant’s lawyer

  7. Steps In A Jury Trial • 5) Witness/Evidence Presented • Documents, physical evidence, witnesses, affidavits • Plaintiff begins. Defense cross examines and when plaintiff rests, presents their own evidence. Repeat. • 6) Closing Arguments - summary of evidence & suggestion to judge/jury why they should find favor for their client.

  8. Steps In A Jury Trial •  Instructions to jury - judge explains law to jury. Lawyers can add suggestions. • 7) Jury’s Verdict - Jury leaves court to deliberate (discuss) their verdict (decision) • Judgment - the court’s decision in the case

  9. Civil Trial cont. • Remedies - Something given to the plaintiff from the defendant • 2 forms: • Payment of damages OR equitable remedy • Payment of damages - financial payment • Equitable remedy: • Specific performance - requirement for defendant to do what was promised in a contract • Injunction - order to stop defendant from performing an action

  10. Criminal Trial Procedure • Step 1: Arrest of Defendant • Arrest: occurs when a person is deprived of their freedom. • Arrest at any time with a warrant. • Can also search and take property with warrant. • Arrest without a warrant if officer believes person has been/is committing a felony. • Person can be searched without a warrant after arrest. • Limited search allowed without a warrant. Full search with. • Must be read Miranda Rights (Miranda vs AZ) • Bail - money or other property left with the court to assure a person will return to trial.

  11. Criminal Trial Procedure cont. • Step 2: Arraignment • Suspect is brought before court after arrest • Grand jury may be used to determine if there is enough evidence to justify accusing someone of a crime • Indictment- written accusation charging the individual • Arraignment - when suspect is read indictment and asked to plead guilty or not guilty • Guilty - judge can give sentence • Not Guilty - case proceeds to trial

  12. Criminal Trial cont. • Step 3: Trial • Tried before a judge or jury, if defendant asks for jury trial • Proceeds just like civil trial • Jury verdict must be unanimous - either guilty beyond a reasonable doubt or not guilty. • Step 4: Sentencing • Fines • Imprisonment • Death Penalty

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