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Chapter 4 Review
TEST NEXT CLASS PERIODMake sure you study the 7 Steps in a civil case and the 9
steps in a criminal/jury trial.
What is an arbitrator? Decision is legally binding
Independent 3rd party-holds informal hearing to hear case.
What is a mediator? Cheapest way of settling a dispute
Not binding in court
3rd party mediator
What is litigation? Most expense way to settle a dispute.
Going to court
What happens in appellate courts? Review case to see
Errors of Law Errors of Fact Do NOT hear witnesses
Juvenile Courts are designed to…… Provide Guidance and Rehabilitation
Protect minors from own immaturity
US Constitution has jurisdiction over? Federal
Constitutional Law
Criminal Defendants Can have BOTH jury or judge trials
Cannot be made to testify at own trial
Can have a trial by jury
Have the right to an attorney if cannot
afford one.
Small Claims Court Civil Cases for small amounts up to $3,000
Criminal Court Procedure Right to an attorney
Right to Jury
Right to remain silent and not testify against themselves.
Proof “BEYOND A REASONABLE DOUBT”
List 9 Steps on Page 77 in textbook
Civil Court Procedure List 7 steps on page 73 in textbook
Complaint: states plaintiffs claims, justify relief demanded
Answer: Statement denying or agreeing with complaint FAILURE to answer results in plaintiff winning automatically.
Deposition: Witnesses or parties questioned under oath by opposing attorneys—Takes place BEFORE the trial.
Jury Trials Subpoena: Written order by judge to appear in court and give
testimony
No Jury only a Judge. Then the judge decides
Jury Trial---Jury decides (preponderance of the evidence – civil case, beyond a reasonable doubt – criminal case)
Judge gives instructions to the jury and ALWAYS decides ISSUES OF (THE) LAW
Jury ALWAYS decides ISSUES OF FACT
Civil Case vs. Criminal Case
Civil
Private wrong between people
Preponderance of the Evidence or majority of jurors
May be forced to testify
No right to an attorney
Only money damages, injunction or decree of specific performance.
Criminal
Wrong against society as a whole
Beyond a reasonable doubt
Right to attorney
Not testify against themselves
Money and/or Jail Time