Splash Screen. Section 1 Civil Lawsuits Civil lawsuits may involve property disputes, a breach of contract, family matters, or personal injury

Splash Screen

Section 1

Civil Lawsuits

Civil lawsuits may involve property disputes, a breach of contract, family matters, or personal injury.

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Section 1

Civil Lawsuits (cont.)

• In a civil case, a plaintiff brings a lawsuit against a defendant.

• The plaintiff:

– Claims to have suffered loss

– Usually seeks damages


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• The defendant:

– Argues the loss did not occur

– Argues the defendant is not responsible



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• Civil lawsuits may involve:

– Property disputes

– Breaches of contracts

– Family matters involving two or more parties



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• Negligence or personal injury

• Negligence suit filed when:

– Someone injured or killed

– Property destroyed



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The Process in a Civil Case

Civil lawsuits follow a specified legal procedure.


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The Process in a Civil Case (cont.)

• There are specific legal procedures that civil lawsuits follow.

• Plaintiff retains a lawyer, who files a complaint with the court

Civil Cases


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• Defendant:

– Receives a summons

– May file an “answer” to complaint


• Complaint and answer referred to as pleadings

Civil Cases


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• The process of discovery to check facts and gather evidence

• Pretrial hearing:


– Helps to explain differences between two sides

– Plaintiff may decide to drop case

– Defendant may offer settlement

Civil Cases


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• Mediation and arbitration are ways to resolve disputes.

• Most civil cases settled before trial because of time and money.


Civil Cases


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• Trial:

– Jury or judge may hear case

– Plaintiff has to present a “preponderance of evidence”

– Remedy set if plaintiff wins

– Plaintiff gets nothing and must pay court costs if defendant wins


Civil Cases


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• Appeal:

– Losing side may appeal to a higher court

– Defendant or defendant’s insurance company may appeal to reduce awards


Civil Cases


Section 2-Main Idea

Guide to Reading

Big Idea

The Constitution of the United States establishes and protects the individual’s fundamental rights and liberties.


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Section 2

What Is a Criminal Case?

In criminal cases, defendants are charged with crimes, and if convicted, they are sentenced as punishment.


Section 2

What Is a Criminal Case? (cont.)

• In a criminal case, the state or federal government charges someone with a crime.

• Government is the prosecution in a criminal case.


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• Crime is an act that:

– Breaks a federal or state criminal law

– Causes harm to people or society


U.S. Regional Crime Rates in 2004


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• Criminal justice system includes courts, police and prisons.

• A separate juvenile justice system



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• Penal code:


– Written criminal laws in each state

– Federal penal code defines federal crimes

– Spells out the punishments that go with each crime


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• People convicted of misdemeanors:

– May be fined

– May be sentenced to one year or less in jail



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• People convicted of felonies:

– May be imprisoned for a year or more

– May be punished by death in the case of murder

– May lose certain civil rights

– May lose employment opportunities in some careers



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• Misdemeanors sometimes treated as felonies


– Example: drunk driving repeat offense


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• Criminal penalties:

– Provide punishment so that a criminal pays for offense

– Protect society by confining dangerous lawbreakers in prison

– Can serve as warnings to deter other people

– Can help prepare lawbreakers to reenter society after prison terms



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• Determining the sentence:

– System of indeterminate sentences used in the past

– Some prisoners eligible for parole

– Mandatory sentencing imposing whatever sentence the law directs



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• Many states giving judges more sentencing options:

– Shock incarceration

– Intensive-supervision probation or parole

– House arrest



Section 2

Criminal Case Procedure

Criminal cases follow several steps, including arrest, hearing, indictment, arraignment, verdict, sentencing, and appeal.


Section 2

Criminal Case Procedure (cont.)

• Criminal cases follow several steps.

• Defendants entitled to the protections of due process

Criminal Cases


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• Arrest begins a criminal case

• Officers make an arrest when:


– They have witnessed suspected crime

– A citizen has made complaint or report of a crime

– A judge has issued arrest warrant

Criminal Cases


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• The booking process:

– Police fingerprint and photograph suspect

– Suspect allowed to call a lawyer

– State provides lawyer if the suspect cannot afford lawyer


Criminal Cases


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• A few hours after being booked:

– Suspect informed of charges

– Prosecution must show probable cause for believing the accused committed the crime

– Judge either sends accused back to jail, sets bail, or releases the accused


Criminal Cases


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• Preliminary hearings and grand jury decide indictments

• “Information” claims sufficient evidence to bring accused to trial


Criminal Cases


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• Arraignment:

– Defendant formally presented with charges and enters a plea

– If defendant pleads not guilty, case continues


Criminal Cases


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– If defendant pleads guilty, he or she is convicted and punishment is determined.

– If defendant pleads no contest, effect is much the same as guilty plea


Criminal Cases


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• Trial procedure:

– Defense lawyer interviews witnesses, studies laws affecting the case, and gathers information.

– Defendants have right to a jury trial, although many choose a bench trial.

– Selection of potential jurors


Criminal Cases


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– Opening statements outlining the case

– Prosecution and defense present cases


Criminal Cases

• Calling witnesses who give testimony

• Cross-examine witnesses


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– Closing statements highlighting testimony

– Judge explains law relating to case to the jury


Criminal Cases


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• Reaching a verdict:

– Jury chooses foreperson to lead discussion

– Reviews evidence and arguments

– Deliberates secretly and without time limit

– Votes whether defendant is guilty or not guilty


Criminal Cases


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– To reach guilty verdict, evidence must convince “beyond a reasonable doubt”

– Verdict must be unanimous in most criminal cases

– Acquittal is a vote of not guilty

– Hung jury is a jury that cannot agree on a verdict


Criminal Cases


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• Jury or judge decides on sentence, which often specifies period of prison time

• Defendant can appeal guilty verdict


Criminal Cases


Section 3-Main Idea

Guide to Reading

Big Idea

The Constitution of the United States establishes and protects the individual’s fundamental rights and liberties.


http://www.glencoe.com/sec/mediacenter/index.php

Section 3

Causes of Juvenile Delinquency

All states and the federal government have a separate justice system for young people.


Section 3

Causes of Juvenile Delinquency (cont.)

• In most states, anyone under the age is 18 is considered a juvenile.

• Juvenile delinquents are young people who commit crimes

• Juvenile delinquents treated somewhat differently from adults who commit crimes


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• Factors that can contribute to juvenile delinquency:

– Abuse or neglect

– Emotional or mental problems

– Poverty

Causes of Juvenile Delinquency (cont.)


Section 3

The Juvenile Justice System

The juvenile justice system is similar to the adult system, with some important differences.


Section 3

The Juvenile Justice System (cont.)

• Juvenile courts try to rehabilitate juveniles, rather than punish them.

• Two types of cases handled by juvenile courts:

– Neglect, which involves caregivers neglecting or abusing juveniles

– Delinquency, which involves juveniles committing crimes


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• Police officers handling juvenile cases

• Special programs for juveniles:


– Counseling

– Job training

– Drug-treatment


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• Trials for juveniles:

– Preliminary hearings

– Juveniles not entitled to a jury trial

– Juvenile cases normally closed to the public

– Juvenile offenders’ identities and criminal records kept secret

– If found guilty court holds sentencing



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• Sentencing for juveniles:

– Court holds hearing that is the same as sentencing

– Some offenders sent home with a stern lecture

– Some offenders with previous history of delinquency placed in special training schools, reformatories, treatment centers, or teen shelters



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• Successful probation leading to dropped charges and removal of charges from record

• Neglected juveniles can become wards of the court

• Rules for juvenile criminal cases established by the Supreme Court

• Juveniles generally have same or similar rights as adults



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Do you think special programs are effective in rehabilitating juvenile delinquents?

A. Yes

B. No A. A

B. B0%0%


VS 1

Civil Law

• Civil law includes disputes over rights, property, and agreements.

• In a civil lawsuit, the plaintiff files a complaint against the defendant, and the defendant responds.

• The legal system has established a procedure that everyone must follow to settle civil disputes.


VS 2

Criminal Law

• In criminal law cases, the government charges someone with a crime.

• A crime is an act that breaks a federal or state criminal law and causes harm to people or society in general.

• Criminal cases are divided into two main groups—felonies and misdemeanors.


VS 3

Juveniles and the Court System

• When a juvenile is arrested, the police must notify his or her parents or caregivers.

• A preliminary hearing is held, followed by a court appearance.

• At sentencing, juveniles may be sent home, put on probation, made a ward of the court, or sent to a reformatory.


VS 4

Juveniles and the Court System (cont.)

• There is no jury in juvenile court cases.

• The primary goal of juvenile courts is to try to rehabilitate, or correct the behavior of, offenders.


VS-End


Figure 2

Figure 3

TIME Trans

DFS Trans 1

DFS Trans 2

DFS Trans 3

Vocab1

complaint

a formal notice that a lawsuit is being brought

Vocab2

summons

a notice directing someone to appear in court to answer a complaint or a charge

Vocab3

discovery

process by which attorneys have opportunity to check facts and gather evidence

Vocab4

settlement

in a legal case, the amount of money the defendant agrees to pay the plaintiff

Vocab5

file

to submit or register

Vocab6

retain

to keep or to hold secure

Vocab7

respond

to answer or react

Vocab8

prosecution

party who starts the legal proceedings against another party for a violation of the law

Vocab9

crime

an act that breaks a law and causes harm to people or society in general

Vocab10

penal code

a state’s written criminal laws

Vocab11

parole

to grant a prisoner an early release from prison, with certain restrictions

Vocab12

mandatory sentencing

punishment that judges must impose according to what the law directs

Vocab13

arraignment

a hearing in which a suspect is charged and pleads guilty or not guilty

Vocab14

testimony

the statement a witness makes under oath

Vocab15

cross-examine

to question a witness at a trial or a hearing to check or discredit the testimony

Vocab16

acquittal

a vote of not guilty

Vocab17

hung jury

a jury that cannot agree on a verdict

Vocab18

function

to serve a purpose

Vocab19

confine

to restrict or imprison

Vocab20

sufficient

to be adequate for a purpose

Vocab21

juvenile

a person not yet legally an adult

Vocab22

juvenile delinquent

a child or teenager who commits a serious crime or repeatedly breaks the law

Vocab23

rehabilitate

to correct a person’s behavior

Vocab24

emphasis

placing stress or special importance on something

Vocab25

preliminary

coming before the main part or item

Vocab26

equivalent

alike or equal to in number or meaning

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Splash Screen. Section 1 Civil Lawsuits Civil lawsuits may involve property disputes, a breach of contract, family matters, or personal injury