CHAPTER 2.2TRIAL PROCEDURES

4TH PERIOD--LAW IN SOCIETYMRS. BAKER—INSTRUCTOR 9.17.12

OBJECTIVES

How to seek alternatives to litigation How to differentiate between civil &

criminal cases How to explain the steps in a civic lawsuit How to exercise your rights if arrested How to explain the steps in a criminal

prosecution How to apply court procedures to juvenile

cases

CIVIL TRIAL PROCEDURES

What is alternative dispute resolution A process that occurs when parties try to resolve

disagreements outside of the usual court. Reactive Methods

used after the dispute has arisen. Oldest form of reactive ADR—Mediation & arbitration

Mediation—when parties invite a third party (mediator)to help find a solution.

Arbitration—when parties have the power to settle their dispute to a third party.

Med-Arb—new form of ADT which combines the best aspects of mediation and arbitration. Mediation—problem not solved—arbitration

Early neutral evaluation (ENE)—an evaluator examines the facts and determines the judgment.

CIVIL TRIAL PROCEDURES

Proactive Methods Partnering—the parties of a contract agree to meet to get to know

one another in advance Settlement Week—A courts docket is cleared of all business except

for settlement hearings. Negotiated Rule Making—An agency that is about to create new

rule or revise existing rules meets with the parties who will be affected by the new rules. The parties then writes the new rules together.

Science court—acts a forum for disputes involving scientific and technological controversies. Involves matters of genetics engineering, nuclear energy research, etc.

CIVIL TRIAL PROCEDURES

Pleadings—the formal papers filed with the court by the plaintiff and defendant. Plaintiff—the party that accuses a person of a crime

Complaint—the plaintiff’s allegations or claims Defendant—the person being accused of a crime.

Answer—the defendant’s response to those allegations If no settlement can be made, the court clerk places the

case on the court docket for trial. Pretrial hearing—an informal meeting before a

judge intended to simplify the issues or discuss matters that might help dispose the case

CIVIL TRIAL PROCEDURES

• Steps in a jury trial• Selecting the jury—Jurors are selected from a pool of citizens

• Opening statements—attorneys from both sides make statements explaining what they intended to prove. (Plaintiff’s attorney goes first )

• Introduction of evidence—Plaintiff’s attorney presents all evidences—documentary items, written contracts, sales receipts, letters or affidavits (sworn statements), physical objects—weapons, photographs and witness testimonies. • Subpoena—order to appear and testify in court.

• Closing arguments—The plaintiff’s attorney goes first to present summarization of the evidences and suggest reasons why the judge or jury should find in favor of his/her client.

• Instruction to the jury—jury deliberates on a verdict (decision)..

• Verdict and judgment—The court/judge issues a judgment—court’s determination or decision of the case.

CIVIL TRIAL PROCEDURES

Remedies If the defendant is found liable in a civil case, the

plaintiff is entitled to a remedy. Execution of the judgment

Must be enforced by the court

CRIMINAL TRIAL PROCEDURES

Steps in a criminal trial proceedings Arrest of the defendant

Arrest—occurs when a person is deprived of his/her freedom. Can occur with or with a warrant What are the “Miranda Rights?” Bail—is money or other property that is left wit ht court to assure that a person who has been arrested, but

released, will return to trial. Search & Seizure

Arraignment—court hearing after the arrest to be informed of the nature of the complaint and made aware of his/her rights. Case may be dismissed or continued only by the judge. Guilty or not guilty

Grand jury decided if a trial goes to trail and issues an indictment—a written accusation charging the individual.

Trial—Jury is selected, opening statements are made evidence is introduced, closing statements are given and instructions to the jury is given for a verdict and judgment.

Mistrial is given only if the jury cannot agree and a new trial may be held at the option of the prosecution.

Sentencing—carried out by the court Fines Imprisonment

DISPOSITION OF JUVENILE CASES

Juvenile cases are handled by juvenile courts. Detention hearing takes place

Investigation into the minor’s background and home life If charges are dismissed, an adjudicatory hearing takes

place. If not, a dispositional hearing takes place. Judge then decides the outcome from 1 of 3 settlements:

The offender may return home on probation for a period of time. The offender may be placed in a foster home—parents pay for

offenders' support. The offender may go to a training/reform school –LAST RESORT Juvenile can be ordered to pay for damages with money, work or

both.

QUESTIONS

CHAPTER 2.1A DUAL COURT SYSTEM

4th period--Law in SocietyMrs. Baker—Instructor 9.13.12

AFTER ASSIGNMENT

Identify/know vocabulary words Complete Section 2.2 assessment, pg. 49 # 1-6.

BOTH ASSIGNMENTS ARE DUE TODAY, 9/17/12

BOTH ASSIGNMENTS ARE DUE TODAY, 9/17/12