Civil LawFor use with section 16.1
I. WHAT HAPPENS IN A CIVIL CASE?A.   PleadingsB.   DiscoveryC. Pretrial DiscussionsD.   TrialE.   VerdictF.   Appeal
I. WHAT HAPPENS IN A CIVIL CASE?A.    Pleadings     1)     Complaint           individual hires a lawyer           files...
I. WHAT HAPPENS IN A CIVIL CASE?A.    Pleadings     2)    Summons           official document from the court describing t...
I. WHAT HAPPENS IN A CIVIL CASE?A.    Pleadings     3)     Response           this is the defendant’s answer to the compl...
I. WHAT HAPPENS IN A CIVIL CASE?B.   Discovery        lawyers from both sides have the opportunity to check         facts...
I. WHAT HAPPENS IN A CIVIL CASE?C. Pretrial Discussions      conference called by the judge with both parties to help    ...
I. WHAT HAPPENS IN A CIVIL CASE?C. Pretrial Discussions   1.   Drop the Suit           if the plaintiff believes his case...
I. WHAT HAPPENS IN A CIVIL CASE?C. Pretrial Discussions   2.     Settle         if the defendant believes the case is too...
I. WHAT HAPPENS IN A CIVIL CASE?C. Pretrial Discussions   3.     Mediation         a neutral 3rd party is brought in to h...
I. WHAT HAPPENS IN A CIVIL CASE?C. Pretrial Discussions   4.     Arbitration         both sides may agree to arbitration ...
I. WHAT HAPPENS IN A CIVIL CASE?D.    Trial      must be a jury of 6 to 12 members or a judge will hear the       case al...
I. WHAT HAPPENS IN A CIVIL CASE?D.    Trial     1)   “preponderance of evidence”             in a civil trial, the plaint...
I. WHAT HAPPENS IN A CIVIL CASE?E.    Verdict     1)   If for the plaintiff...             a remedy is set – remedy is th...
I. WHAT HAPPENS IN A CIVIL CASE?E.    Verdict     2)   If for the defendant...             the plaintiff gets nothing and...
I. WHAT HAPPENS IN A CIVIL CASE?F.    Appeal      asking a higher court to review the case      may be done if the losin...
Criminal LawFor use with section 16.2
I. CRIMESA. Penal Codes   each state’s written criminal law code   establishes classifications (degrees of seriousness) ...
I. CRIMESB. Types of Crimes  1)   Misdemeanors  2)   Felonies
I. CRIMESB. Types of Crimes  1)   Misdemeanors   convicted persons may be fined or sentenced to one year    or less   re...
I. CRIMESB. Types of Crimes  1)   Misdemeanors       a) Victimless crimes          crimes against morality          diff...
I. CRIMESB. Types of Crimes  2)   Felonies          “more serious” crimes
I. CRIMESB. Types of Crimes  2)   Felonies       a) Crimes against people             violent or potentially violent crim...
I. CRIMESB. Types of Crimes  2)   Felonies       b) Crimes against property          most common type of crime         i....
I. CRIMESC. Penalties  1)   Functions of Penalties       a) Justice            Criminal to pay for an offense against a v...
I. CRIMESC. Penalties  1)   Functions of Penalties       b) Safety to society            Keep dangerous criminals off the...
I. CRIMESC. Penalties  1)   Functions of Penalties       c) Deterrent to others            by seeing the severity of puni...
I. CRIMESC. Penalties  1)   Functions of Penalties       d) Correction          many states call their prison system “Dep...
I. CRIMESC. Penalties  2)   Sentencing          because every case has different circumstances,           sentences may b...
I. CRIMESC. Penalties  2)   Sentencing       a) Indeterminate sentencing            judge gives a minimum and a maximum l...
I. CRIMESC. Penalties  2)   Sentencing       b) Parole              offers a lighter sentence to those criminals in priso...
I. CRIMESC. Penalties  2)   Sentencing       c) Mandatory Sentencing          judges must impose whatever sentence is req...
II. WHAT HAPPENS IN A CRIMINALCASE?A.   ArrestB.   HearingC.   IndictmentD.   ArraignmentE.   TrialF.   VerdictG. Sentenci...
II. WHAT HAPPENS IN A CRIMINALCASE?A. Arrest  1)    Reading of Rights        this is the result of the 1966 case Miranda ...
II. WHAT HAPPENS IN A CRIMINALCASE?A. Arrest  2)    Booking        when the defendant is charged with the crime        i...
II. WHAT HAPPENS IN A CRIMINALCASE?B. Hearing   defendant appears in court a few hours after being booked   the prosecut...
II. WHAT HAPPENS IN A CRIMINALCASE?C. Indictment   formal accusation of a suspect   many states use a grand jury to dete...
II. WHAT HAPPENS IN A CRIMINALCASE?D. Arraignment   the defendant is presented with the charges and is asked to    make a...
II. WHAT HAPPENS IN A CRIMINALCASE?D. Arraignment  1) Plea Options     a) Not Guilty        defendant states that he is n...
II. WHAT HAPPENS IN A CRIMINALCASE?D. Arraignment  1) Plea Options     b) Guilty         defendant admits to the crime   ...
II. WHAT HAPPENS IN A CRIMINALCASE?D. Arraignment  1) Plea Options     c) No Contest        the defendant does not admit ...
II. WHAT HAPPENS IN A CRIMINALCASE?D. Arraignment  1) Plea Options     d) Plea Bargain        this occurs when the prosec...
II. WHAT HAPPENS IN A CRIMINALCASE?E. Trial   1) Lots of work for the lawyers       lawyers interview witnesses, studies ...
II. WHAT HAPPENS IN A CRIMINALCASE?E. Trial   2) Jury selection       a large pool of potential jurors is selected at ran...
II. WHAT HAPPENS IN A CRIMINALCASE?E. Trial   3) Opening Statements      lawyers for both sides will set an outline for t...
II. WHAT HAPPENS IN A CRIMINALCASE?E. Trial   4) Presentation of Cases      each side will present evidence, call and que...
II. WHAT HAPPENS IN A CRIMINALCASE?E. Trial   5) Closing statements      each lawyer will highlight the case they present...
II. WHAT HAPPENS IN A CRIMINALCASE?F.   Verdict     1) To find the defendant guilty         the jury must believe that th...
II. WHAT HAPPENS IN A CRIMINALCASE?F.   Verdict     2) Acquittal        is a “not guilty” vote        the defendant is i...
II. WHAT HAPPENS IN A CRIMINALCASE?F.   Verdict     3) Hung Jury        occurs when after several days, the jury can not ...
II. WHAT HAPPENS IN A CRIMINALCASE?G. Sentencing   when the defendant is found guilty   in some states, the jury decides...
II. WHAT HAPPENS IN A CRIMINALCASE?H. Appeal   a guilty defendant may appeal to a higher court if they    believe that th...
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Criminal & Civil Law (16.1&2)

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A brief overview of Criminal & Civil Law, for use with sections 16.1 & 2

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Criminal & Civil Law (16.1&2)

  1. 1. Civil LawFor use with section 16.1
  2. 2. I. WHAT HAPPENS IN A CIVIL CASE?A. PleadingsB. DiscoveryC. Pretrial DiscussionsD. TrialE. VerdictF. Appeal
  3. 3. I. WHAT HAPPENS IN A CIVIL CASE?A. Pleadings 1) Complaint  individual hires a lawyer  files this formal statement with the proper court  names the plaintiff and defendant  describes the nature of the lawsuit
  4. 4. I. WHAT HAPPENS IN A CIVIL CASE?A. Pleadings 2) Summons  official document from the court describing to the defendant the suit against him and ordering him to appear in court
  5. 5. I. WHAT HAPPENS IN A CIVIL CASE?A. Pleadings 3) Response  this is the defendant’s answer to the complaint  may be an admission, an explanation, or rebuttal of the charges  together with the complaint these make up the pleadings
  6. 6. I. WHAT HAPPENS IN A CIVIL CASE?B. Discovery  lawyers from both sides have the opportunity to check facts, gather evidence, and question witnesses and the other party
  7. 7. I. WHAT HAPPENS IN A CIVIL CASE?C. Pretrial Discussions  conference called by the judge with both parties to help clarify the differences and prepare for trial
  8. 8. I. WHAT HAPPENS IN A CIVIL CASE?C. Pretrial Discussions 1. Drop the Suit  if the plaintiff believes his case to be too weak, he may withdraw his lawsuit
  9. 9. I. WHAT HAPPENS IN A CIVIL CASE?C. Pretrial Discussions 2. Settle  if the defendant believes the case is too strong against him he may wish to settle the case without a trial  this option saves both sides a lot of time and money
  10. 10. I. WHAT HAPPENS IN A CIVIL CASE?C. Pretrial Discussions 3. Mediation  a neutral 3rd party is brought in to hear both sides of the case  a mediator will lead the discussions trying to keep discussions open  the role of the mediator is to help the two sides reach an agreement or settlement
  11. 11. I. WHAT HAPPENS IN A CIVIL CASE?C. Pretrial Discussions 4. Arbitration  both sides may agree to arbitration where the decision is binding on both parties  a third party reviews each side of the case and makes a decision
  12. 12. I. WHAT HAPPENS IN A CIVIL CASE?D. Trial  must be a jury of 6 to 12 members or a judge will hear the case alone  both sides present their case and evidence and witnesses – plaintiff first  before deliberations (the jury or judge taking time to think over the evidence) both sides make their closing statements by summarizing their case
  13. 13. I. WHAT HAPPENS IN A CIVIL CASE?D. Trial 1) “preponderance of evidence”  in a civil trial, the plaintiff must have presented enough evidence to persuade the judge or jury that the defendant is responsible for the incident that caused the damages
  14. 14. I. WHAT HAPPENS IN A CIVIL CASE?E. Verdict 1) If for the plaintiff...  a remedy is set – remedy is the way the defendant must make up for the injury that was caused to the plaintiff
  15. 15. I. WHAT HAPPENS IN A CIVIL CASE?E. Verdict 2) If for the defendant...  the plaintiff gets nothing and must pay court costs
  16. 16. I. WHAT HAPPENS IN A CIVIL CASE?F. Appeal  asking a higher court to review the case  may be done if the losing side believes the judge made errors during the trial or an injustice has taken place  this often means that it can be years before a winning plaintiff actually receives any money
  17. 17. Criminal LawFor use with section 16.2
  18. 18. I. CRIMESA. Penal Codes  each state’s written criminal law code  establishes classifications (degrees of seriousness) for certain crimes  sets penalties for types of crimes
  19. 19. I. CRIMESB. Types of Crimes 1) Misdemeanors 2) Felonies
  20. 20. I. CRIMESB. Types of Crimes 1) Misdemeanors  convicted persons may be fined or sentenced to one year or less  repetition of certain misdemeanors (such as DUI) will become felonies
  21. 21. I. CRIMESB. Types of Crimes 1) Misdemeanors a) Victimless crimes  crimes against morality  difficult to enforce since the victim is the perpetrator  examples: unauthorized gambling, use of illegal drugs
  22. 22. I. CRIMESB. Types of Crimes 2) Felonies  “more serious” crimes
  23. 23. I. CRIMESB. Types of Crimes 2) Felonies a) Crimes against people  violent or potentially violent crimes i. Examples  murder  manslaughter  assault  rape  kidnapping
  24. 24. I. CRIMESB. Types of Crimes 2) Felonies b) Crimes against property  most common type of crime i. Examples  larceny – taking of property unlawfully  vandalism – deliberate destruction of property  fraud – taking property by dishonest means or misrepresentation
  25. 25. I. CRIMESC. Penalties 1) Functions of Penalties a) Justice  Criminal to pay for an offense against a victim or society
  26. 26. I. CRIMESC. Penalties 1) Functions of Penalties b) Safety to society  Keep dangerous criminals off the street
  27. 27. I. CRIMESC. Penalties 1) Functions of Penalties c) Deterrent to others  by seeing the severity of punishments it will keep people from engaging in criminal acts
  28. 28. I. CRIMESC. Penalties 1) Functions of Penalties d) Correction  many states call their prison system “Department of Corrections”  states seeks to rehabilitate criminals while in prison so they will not commit a crime when they return to society
  29. 29. I. CRIMESC. Penalties 2) Sentencing  because every case has different circumstances, sentences may be very different
  30. 30. I. CRIMESC. Penalties 2) Sentencing a) Indeterminate sentencing  judge gives a minimum and a maximum length for the sentence
  31. 31. I. CRIMESC. Penalties 2) Sentencing b) Parole  offers a lighter sentence to those criminals in prison who show that they have been rehabilitated i. Opponents’ Arguments  parole offers criminals a shorter sentence than the law states  some believe that a criminal has not had the chance to fully pay their debt to society
  32. 32. I. CRIMESC. Penalties 2) Sentencing c) Mandatory Sentencing  judges must impose whatever sentence is required i. Opponents’ Arguments  Some argue that in some cases a judge must impose more severe penalties than the circumstances of the case justifies
  33. 33. II. WHAT HAPPENS IN A CRIMINALCASE?A. ArrestB. HearingC. IndictmentD. ArraignmentE. TrialF. VerdictG. SentencingH. Appeal
  34. 34. II. WHAT HAPPENS IN A CRIMINALCASE?A. Arrest 1) Reading of Rights  this is the result of the 1966 case Miranda v. Arizona  a defendant must know his legal protections before he is taken to the precinct and asked any questions  the right to remain silent  the right to have an attorney present during questioning  right to a court-appointed attorney if the defendant can not afford one  the right to stop answering questions at any time
  35. 35. II. WHAT HAPPENS IN A CRIMINALCASE?A. Arrest 2) Booking  when the defendant is charged with the crime  includes fingerprinting and photographing  defendant may call his lawyer at this time
  36. 36. II. WHAT HAPPENS IN A CRIMINALCASE?B. Hearing  defendant appears in court a few hours after being booked  the prosecution must show the judge that there is probable cause for believing the defendant committed the crime (protect of habeas corpus)  bail is set and is based on the seriousness of the crime and what risk there is of the defendant returning to court at his trial date
  37. 37. II. WHAT HAPPENS IN A CRIMINALCASE?C. Indictment  formal accusation of a suspect  many states use a grand jury to determine if there is enough evidence to warrant an arrest  some states use preliminary hearings instead of grand juries  federal courts use grand juries
  38. 38. II. WHAT HAPPENS IN A CRIMINALCASE?D. Arraignment  the defendant is presented with the charges and is asked to make a plea
  39. 39. II. WHAT HAPPENS IN A CRIMINALCASE?D. Arraignment 1) Plea Options a) Not Guilty  defendant states that he is not the perpetrator of the crime  the case continues
  40. 40. II. WHAT HAPPENS IN A CRIMINALCASE?D. Arraignment 1) Plea Options b) Guilty  defendant admits to the crime  the judge must next determine a punishment
  41. 41. II. WHAT HAPPENS IN A CRIMINALCASE?D. Arraignment 1) Plea Options c) No Contest  the defendant does not admit guilt but does not want to fight the prosecution  this has much the same effect as a guilty plea
  42. 42. II. WHAT HAPPENS IN A CRIMINALCASE?D. Arraignment 1) Plea Options d) Plea Bargain  this occurs when the prosecution offers the defendant the opportunity to agree to plea guilty a lesser charge  this option, when available, reduces the seriousness of the crime and eliminates a long drawn-out trial  this ensures the defendant will be punished for the crime
  43. 43. II. WHAT HAPPENS IN A CRIMINALCASE?E. Trial 1) Lots of work for the lawyers  lawyers interview witnesses, studies laws affecting the case, gathers as much information as possible
  44. 44. II. WHAT HAPPENS IN A CRIMINALCASE?E. Trial 2) Jury selection  a large pool of potential jurors is selected at random  lawyers from both sides will select jurors based on how biased they believe the jurors will be
  45. 45. II. WHAT HAPPENS IN A CRIMINALCASE?E. Trial 3) Opening Statements  lawyers for both sides will set an outline for their case
  46. 46. II. WHAT HAPPENS IN A CRIMINALCASE?E. Trial 4) Presentation of Cases  each side will present evidence, call and question witnesses, hear testimony, cross-examine opposing witnesses
  47. 47. II. WHAT HAPPENS IN A CRIMINALCASE?E. Trial 5) Closing statements  each lawyer will highlight the case they presented in order to sway the jury
  48. 48. II. WHAT HAPPENS IN A CRIMINALCASE?F. Verdict 1) To find the defendant guilty  the jury must believe that there be enough evidence to prove “beyond a reasonable doubt” that the defendant is guilty  most states require an unanimous decision
  49. 49. II. WHAT HAPPENS IN A CRIMINALCASE?F. Verdict 2) Acquittal  is a “not guilty” vote  the defendant is immediately released
  50. 50. II. WHAT HAPPENS IN A CRIMINALCASE?F. Verdict 3) Hung Jury  occurs when after several days, the jury can not reach a unanimous decision  this does not provide a guilt or not guilty  the case may be retried until a verdict is reached
  51. 51. II. WHAT HAPPENS IN A CRIMINALCASE?G. Sentencing  when the defendant is found guilty  in some states, the jury decides the penalty  this is when the defendant decides how long they must spend in prison
  52. 52. II. WHAT HAPPENS IN A CRIMINALCASE?H. Appeal  a guilty defendant may appeal to a higher court if they believe that the judge had made errors during the trial
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