Civil Lawsuits between people or groups of people (individuals, organizations or gov’ts) in which no criminal laws have been broken.◦ the person suing is the plaintiff; the accused is

the defendant◦Cases involving a small amount of money are

handled in small claims court; large amounts often require lawyers and juries

◦Many different kinds property disputes, breach of contract, family matters, negligence (when someone was hurt or injured b/c someone else was careless), or personal injury

1. Plaintiff’s attorney files a complaint (Fell on neighbor’s icy sidewalk)

2. Court sends a summons (what the suit is against him/her and order to appear in court) to the defendant

3. Defendant’s attorney files a written answer (respond)

4. Pre-trial hearing called to clarify differences between the sides

Settlements where the parties agree on an amount money that the defendant will pay to the plaintiff can be reached at the point

5. Attorneys for both sides exchange pleadings documents (answer to the complaint; admit to the charges or offer reasons why he/she is not responsible)

6. Attorneys for plaintiff and defendant argue case in court

7. Court gives a verdict

If the losing side believes that the judge made errors during the trial or some other type of injustice took place, it my appeal the verdict to a higher court

A winning plaintiff may have to wait up to two years before they see any of the money the court awarded them.

Criminal Law cases in which the state/federal gov’t charges someone with a crime◦Gov’t=Prosecution (the party who starts the legal

proceedings against another party for a violation of the law)

◦Person accused=Defendant Crime an act that breaks a federal/state

criminal law & causes harm to people or society

In the United States each state decides what actions are crimes for that particular state◦Penal Code of each state defines the state’s

criminal laws Federal government also has a penal code that

defines federal crimes like kidnapping, tax invasion, drug smuggling, etc.

Crimes can be divided into two main categories:◦ Felonies Serious crimes such as burglary, kidnapping,

arson, manslaughter, and murder Punishable by imprisonment for a year or more

Murder can be punished by death◦ Misdemeanors Less serious crimes

Punishable by fines or sentenced to one year or less in jail

Many crimes are considered victimless because there is no clear victim◦Illegal gambling, drug

use, crimes against morality, etc.

Hard to enforce since there is no victim to file a complaint

Each state’s penal codes set different degrees of seriousness for different crimes ◦The more serious the crime the harsher

the punishment First Degree Murder→ planned killing or

hiring of another person to kill someone (premeditated→ though out ahead of time)

Second Degree Murder→ intentional murder without prior planning, but often in anger

Manslaughter→ killing of another person by accident

When people are convicted of crimes they are usually punished by fines, prison sentences, or both◦Penalty depends on the

seriousness of the crime For misdemeanors the

punishment might be a fine or a few days (or weeks) in jail

Felonies are usually punished

by long prison terms

1. Arrest2. Preliminary Hearing3. Indictment4. Arraignment5. Trial6. Verdict

Police arrest and book a suspect

Suspect appears before a judge Bail is set

Grand jury (or judge) hears evidence and formally charges the suspect with a crime

Defendant Pleads not guilty◦Trail date is set

Defendant Pleads guilty and accepts a plea bargain

Prosecution and defense present cases to jury (or judge)◦Testimony the

answers witnesses give while under oath

◦Cross-examine to question a witness at a trial or a hearing to check or discredit testimony

Jury (or judge) reaches a verdict

Acquittal◦Defendant found not guilty and goes free

Sentencing◦Defendant found guilty◦ Judge sentences defendant

Hung Jury◦ If a jury cannot agree on a verdict after many

votes Judge declares a hung jury

Guilty verdicts can be appealed by the defense◦Ask for a review by a higher court◦Contends that errors were made or defendant’s

constitutional rights were violated

Juvenile Delinquency◦ Juveniles are people who

are not yet legally adults (usually under 16 years old)

◦ Juvenile Courts are set up to prosecute minors who break laws – they are treated differently than adults

The primary goal of juvenile courts is to rehabilitate (correct a person’s behavior)

Minors can be sent to court after being arrested, by a petition from school administrators, or by a parent who needs help controlling their child

Juvenile courts handle two type of cases: Neglect – a minor is placed into a new home Delinquency – when juveniles commit crimes

Parents are notified when minors are arrested

Sometimes special officers in police departments can direct students to special programs instead of court – counseling, job training, drug treatment

All juveniles may be held in custody while a judge decides what to do with a case

The first stage of a juvenile hearing is the preliminary hearing – this stage determines if there is enough probable cause to believe that the minor has committed a crime

Juvenile cases are different from regular trials – both sides can call witnesses and present evidence, but there is no jury (a judge decides on guilt and innocence) and only involved parties may attend

Information about juvenile offenders is kept secret

If a juvenile is found guilty they are then sentenced by the judge

Offenders can be put into delinquency schools, treatment centers, teen shelters, hospitals, and put on probation

Neglected juveniles can become wards of the court – and the court supervises them until adulthood

◦The In re Gault case established several rules for juvenile criminal cases Juveniles and their

caregivers must be notified in writing of the charges

Juveniles have the right to an attorney, the right to remain silent, and the right to confront witnesses