Ubpl2 2

Chapter
SECTION OPENER / CLOSER:

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Section 2.2
Trial Procedures
Section 2.2 Trial Procedures

What Youll Learn
How to seek alternatives to litigation (p.
34)
How to differentiate between civil and
criminal cases (p. 34)
Understanding Business and Personal Law
The Court System

What Youll Learn
How to explain the steps in a civil lawsuit
(p. 36-41)
How to exercise your rights if arrested (p.
43)
The Court System

What Youll Learn
How to explain the steps in a criminal
prosecution (p. 43-47)
How to apply court procedures to juvenile
cases (p. 47)
The Court System

Why Its Important
Learning the alternative to litigation will help
you handle disputes that arise.
The Court System

Legal Terms
alternative dispute resolution (p. 34)
complaint (p. 36)
answer (p. 36)
verdict (p. 41)
judgment (p. 41)
specific performance (p. 41)
The Court System

Legal Terms
injunction (p. 41)
arrest (p. 43)
bail (p. 43)
indictment (p. 45)
arraignment (p. 45)
detention hearing (p. 47)
The Court System
Section Outline
Civil Trial Procedure
Alternative Dispute Resolution
Pleadings
Pretrial Hearing
Steps in a Jury Trial
Remedies
Execution of Judgment
The Court System
Section Outline
Criminal Trial Procedure
Arrest of the Defendant
The Arraignment
The Trial
Sentencing
Disposition of Juvenile Cases
The Court System
Pre-Learning Question
What is the difference between a civil
and criminal trial?
The Court System
Civil Trial Procedures

Civil and criminal trials begin
differently.
The government brings criminal
cases for offenses committed
against the public at large.
In contrast, individuals who believe
they have been injured initiate civil
cases.
The Court System
Civil Trial Procedures

When someone brings a civil case
to an attorney, the lawyer
investigates the case, which can be
expensive.
As a result, people have begun to
explore alternatives to lawsuits.
The Court System
Alternative Dispute Resolution

occurs when parties try to resolve
disagreements by using creative
settlement techniques
can be classified as reactive
methods and proactive methods.
The Court System
Pleadings
Civil trials begin with pleadings, the
formal papers filed with the court by
the plaintiff and defendant.
The Court System
Pleadings
These papers express the plaintiffs
allegations, or claims, in the form of a
complaint.
The defendants response to those
allegations is known as the answer.
The Court System
Pretrial Hearing
A pretrial hearing is an informal
meeting before a judge.
It is intended to simplify the issues
and discuss matters that might help
dispose of the case.
The Court System
Steps in a Jury Trial

selecting the jury
opening statements
introduction of evidence
closing arguments
instructions to the jury
verdict and judgment
The Court System
Selecting the Jury

The jury is selected from a pool of
citizens who have been called to
serve.
The lawyers question each juror
selected from the pool trying to predict
whether a juror will be fair or
prejudiced.
The Court System
Opening Statements
In their opening statements, attorneys
for each side explain what they intend
to prove. The plaintiffs attorney goes
first.
The Court System
Introduction of Evidence
The plaintiffs attorney presents all of
the plaintiffs evidence. Types of
evidence include
documentary items, such as
contracts or affidavits (sworn
statements)
physical objects, such as weapons
witness testimony
The Court System
Introduction of Evidence
The defense attorney has the chance
to cross-examine the plaintiffs
witnesses.
When the plaintiffs attorney rests, the
defendants attorney presents
evidence favorable to his or her client.
The Court System
Closing Arguments
Each attorney summarizes the
evidence and suggests reasons why
the judge or jury should find in favor of
his or her client.
The Court System
Instructions to the Jury

The judge must explain the law to the
jury in a process called jury
instruction.
The Court System
Verdict and Judgment

The members of jury go to the jury
room to deliberate upon their verdict,
or decision.
Following the verdict, the court issues
a judgement, the courts
determination or decision in the case.
The Court System
Remedies
Generally there are two categories of
remedies:
the payment of damages, or
an equitable remedy, which asks the
court to do what is fair and just
The Court System
Remedies
Specific performance is a remedy in
which the plaintiff requests that the
defendant do what he or she promised
in a contract.
Injunction is an order by the court to
stop the defendant from performing an
action.
The Court System
What is the purpose of a pretrial

hearing?
The Court System
ANSWER
It is intended to simplify the issues
and discuss matter that might help
dispose of the case.
The Court System
Pre-Learning Question
How do you think a criminal trial
proceeds?
The Court System
Criminal Trial Procedure

The criminal trial procedure follows
these steps:
arrest of the defendant
the arraignment
the trial
sentencing
The Court System
Arrest of the Defendant

An arrest occurs when a person is
deprived of his or her freedom.
Arrested people must be informed
for their constitutional rights.
The Court System
Rights of the Defendant

to be told what crimes they are
being arrested for and the names of
the police officers making the arrest
to make a telephone call
The Court System

to possibly be released on bail
(money or other property that is left
with the court to assure that the
person arrested, but released, will
return to trial).
to remain silent
The Court System

to talk to an attorney and have an
attorney present during questioning
to have a fair trial
to be presumed innocent until
proven guilty
The Court System
The Arraignment
If members of a grand jury decide a
crime has been committed, they issue
an indictment.
An indictment is a written accusation
charging the individual.
The Court System
The Arraignment
Following the indictment, the accused
is brought to court for arraignment.
At the arraignment, the indictment is
read to the suspect, and the suspect
is asked to plead guilty or not guilty.
The Court System
The Trial
If the defendant requests a jury trial:
jurors are selected
attorneys make opening
statements, introduce evidence
attorneys make closing statements
jury receives instructions,
announces decision
if guilty, judge imposes sentence
The Court System
The Trial
If the defendant does not request a
jury trial, the case is tried before the
judge, who decides the verdict.
The Court System
Sentencing
After a person has been convicted of
a crime, he or she is sentenced by the
court. Penalties include:
fines
imprisonment
the death penalty
The Court System

Cases involving juvenile offenders
are handled by the juvenile court.
The juvenile court system is
designed so that each case and
special circumstances are
considered individually.
The Court System

The judge usually holds a
detention hearing to learn whether
there are good reasons to keep the
accused in custody.
An investigation is begun into the
minors background and home life.
The Court System

The judge might dismiss the
charges because of special
circumstances.
If the charges are not dismissed,
the judge conducts an adjudicatory
hearingan informal, actual
hearing of the case by the court.
The Court System

To settle juvenile cases, the judge
may:
1. allow the offender to return home on
probation
2. place the offender in an agency or
foster home
3. commit the offender to a training or
reform school.
The Court System

Section 2.2 Assessment
Reviewing What You Learned

1. What are some alternatives to
litigation?
The Court System


Answer
Alternative dispute resolution (ADR)
reactive and proactive methods.
The Court System


2. What is the difference between a
civil case and a criminal case?
The Court System


Answer
Criminal: brought by government for
offenses committed against public at large.
Civil: brought by individuals who believe
they have been injured by another party.
The Court System


3. What are the steps in a civil
lawsuit?
The Court System


Answer
attorney investigates the case
possible alternatives to litigation explored
pleadings
pretrial hearing
jury selection
The Court System


Answer
opening statements
evidence introduced
closing arguments
instructions to the jury
verdict and judgement given
The Court System


4. How can people exercise their
rights when they are arrested?
The Court System


Answer
By knowing their rights, such as the right to
know what crime they are charged with and
the right to use a telephone, people are
more able to exercise them.
The Court System


5. What are the steps in a criminal
prosecution?
The Court System


Answer
arrest of the defendant
grand jury hands down an indictment
suspect is arraigned
trial opens with jury selection if requested
opening statements are made
The Court System


Answer
evidence is introduced
closing statements are made
instructions are given to the jury
jury announces decision
if guilty, the judge imposes a sentence
The Court System


6. How do the courts treat juvenile
cases?
The Court System


Answer
Handled by juvenile court starting with a
detention hearing. If the charges are not
dismissed at this time, judge conducts an
adjudicatory hearing.
The Court System

Critical Thinking Activity

Ethics and the Law
Why is it important to know your
Constitutional rights when you are
arrested?
The Court System

Critical Thinking Activity Answer

Ethics and the Law
Answers may vary but should suggest that
in order to exercise your rights, you should
know what they are.
The Court System

Legal Skills in Action
Treating Minors as Adults

Under certain circumstances, many states
will permit a minor to be tried as an adult,
such as when the minor has been in
serious trouble previously or has
committed a very violent offense.
The Court System

Legal Skills in Action

Debating with a partner, have one of you
support the trend that permits minors to be
treated as adults in certain situations and
have the other oppose that trend.
The Court System

Legal Skills in Action Answer

Debates will vary but should show both
sides of the argument.
The Court System
Chapter
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Trial Procedures

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Chapter

SECTION OPENER / CLOSER:

Section 2.2 Trial Procedures

Understanding Business and Personal Law

The Court System

Section 2.2 Trial Procedures

Understanding Business and Personal Law

The Court System

Section 2.2 Trial Procedures

Understanding Business and Personal Law

The Court System

Section 2.2 Trial Procedures

Understanding Business and Personal Law

The Court System

Section 2.2 Trial Procedures

The Court System

Section 2.2 Trial Procedures

The Court System

Section 2.2 Trial Procedures

Understanding Business and Personal Law

The Court System

Section 2.2 Trial Procedures

Understanding Business and Personal Law

The Court System

Section 2.2 Trial Procedures

Understanding Business and Personal Law

The Court System

Section 2.2 Trial Procedures

Civil Trial Procedures

The Court System

Section 2.2 Trial Procedures

Civil Trial Procedures

Understanding Business and Personal Law

The Court System

Section 2.2 Trial Procedures

Alternative Dispute Resolution

Understanding Business and Personal Law

The Court System

Section 2.2 Trial Procedures

Understanding Business and Personal Law

The Court System

Section 2.2 Trial Procedures

Understanding Business and Personal Law

The Court System

Section 2.2 Trial Procedures

Understanding Business and Personal Law

The Court System

Section 2.2 Trial Procedures

Steps in a Jury Trial

Understanding Business and Personal Law

The Court System

Section 2.2 Trial Procedures

Selecting the Jury

The Court System

Section 2.2 Trial Procedures

Understanding Business and Personal Law

The Court System

Section 2.2 Trial Procedures

The Court System

Section 2.2 Trial Procedures

The Court System

Section 2.2 Trial Procedures