Jason Murphy Questions 1-3 Chapter 1 1. What is the difference between civil procedure and criminal procedure?

The difference between a civil procedure and a criminal procedure are as follows: One, in a criminal case the parties will be state vs. accused criminal while in a civil someone vs. someone else who is bad. Two, in a criminal case there is only one pleading, in a civil case there is two or more. Three, pretrial proceeding in a criminal case usually the defendants must appear. In a civil case the pretrial proceedings are handled by the attorneys. Four, in the trial both cases may be jury or non-jury but the defendant in a criminal case is found guilty or not guilty. While in a civil proceeding they are found liable or not liable. Fifth, the remedy is different in a criminal case it may be jail while in a civil case it is never jail. Finally, the appeal differs because the defendant in a criminal case can appeal a trial verdict, while either side in a civil trial may appeal 2. What is the importance of substantive laws to civil litigation? The importance of substantive laws to civil litigation on is the areas of law that creates, defines, and explains what our rights are. This differs from procedural law the aspect of the law that sets forth the methods used to enforce our rights. 3. What are the steps in the litigation process? The steps in the litigation process are: 1. gather facts and investigate, 2. file complaint and issue summons, 3. serve summons and complaint on defendant, 4. defendant respond if there is not response there is a default judgment for the plaintiff. If there is an answer than Discovery begins where both sides learn as much as they can through motions. 5. Discovery begins where both sides learn as much as they can through motions, 6. Pretrial motions are heard, 7. A trial takes place either by a judge or jury, 8. The judgment is entered, 9. Post trial either side may appeal.