Civil and Criminal Law Processes
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Ch. 6 Business Law
Review PowerPoint
CIVIL LAW – TORTS
Civil trials begin with a
complaint
.
CRIMINAL LAW - CRIMES
Criminal trial begins with an
arrest
.
The Miranda Rights
Right to know crime for which
you are being charged.
Right to know the names of the
arresting officers.
Right to use the phone soon
after being bought into the
station.
Right to remain silent.
Right to talk to an attorney before
hand.
Right to have an attorney present
during questioning.
Right to a fair trial.
Presumed innocent until proven
guilty
S
t
e
p
s
t
o
a
C
i
v
i
l
T
r
i
a
l
1.
Complaint
from Plaintiff
Summons is filed & served
2.
Answer
by Defendant
3.
Methods of Discovery
•
Interrogations, depositions, requests for documents, medical &
physical exams
4.
Pre-Trial Hearing
with Judge
5.
Jury Selection
•
Background, experience, relationships, attitudes, employment,
education
S
t
e
p
s
o
f
a
C
i
v
i
l
T
r
i
a
l
C
o
n
t
i
n
u
e
d
6.
Opening Statements
7.
Introduction of Evidence
•
Real evidence, documentary evidence & witnesses
8.
Closing Arguments
9.
Instructions to Jury by Judge
10.
Verdict & Judgment
11.
Execution of Judgment
What is a pleading?
A legal document.
Who files a complaint?
The plaintiff
What pleading starts a Civil Trial?
Complaint
What is the reply to the Complaint?
Answer
What is the goal of each side of a civil
case?
To SETTLE out of court
Methods of Discovery
•
interrogations
•
depositions
•
requests for documents
•
medical
•
physical exams
Things asked of prospective jurors.
•
Background
•
Experience
•
Relationships
•
Attitudes
•
Employment
•
Education
When in court which side presents their
opening statements first.
plaintiff
Who gives instructions to the jurors before
they decide the verdict to any case?
The Judge
AKA - Impartial Referee
Decision of a jury
V
E
R
D
I
C
T
Written accusation
issued by a grand jury.
I
N
D
I
C
T
M
E
N
T
Procedure in which
accused pleads to the
charge.
A
R
R
A
I
G
N
M
E
N
T
Formal written reply
denying or admitting
allegations of the
complaint.
A
N
S
W
E
R
Jury of inquiry that
conducts a preliminary
hearing.
G
R
A
N
D
J
U
R
Y
Court’s decision or
determination in a case.
J
U
D
G
M
E
N
T
Proceeding to decide
whether or not to keep
a minor in custody.
D
E
T
E
N
T
I
O
N
H
E
A
R
I
N
G
Statement of plaintiff’s
claim against the
defendant.
C
O
M
P
L
A
I
N
T
Money or other property
left with the court to
assure the defendant’s
return to court.
B
A
I
L
Civil and criminal trials begin the same
way.
False.
Civil begins with a complaint
Criminal begins with an arrest
A grand jury is a jury of inquiry that
carries on its own investigations.
true
Failure to answer a complaint on time can
result in the loss of the case by default.
true
Juries are made up of people who are
experts in the law.
false
Criminal trials begin with the use of
pleadings.
False
Criminal trials begin with an arrest
Documentary evidence includes objects
such as weapons.
False
Documentary evidence consist of paper,
contracts, receipts.
Real evidence consists of weapons, guns,
knives, etc.
The final charge to the jury is given by
the defendant’s lawyer.
False.
The judge, impartial referee gives legal input.
In a civil case, the decision of the jury
must be unanimous.
False
Criminal case – unanimous (everyone agrees)
Civil case – majority rule
School officials are allowed to search students
without a search warrant if they have reasonable
grounds.
true
When an indictment is issued it means that
the named person is guilty of a crime.
False
Melissa Stinson was called for jury duty. She was
selected to serve as a juror in a case in which her
cousin was the plaintiff. The attorney for the
defendant challenged her selection as a juror and
asked that she be removed. Later, Melissa told a
friend that she was removed because of the
attorney’s prejudice against her. Was she correct?
NO
Ronald Borge was caught by a police
officer inside a supermarket at night.
The officer arrested him and, noticing the
bulge in Borge’s pocket, frisked him.
Borge claims that he was illegally frisked.
Do you agree with Borge?
N
O
Angela Callaghan won a civil suit against
Jonathan Smith and received a $5,000
judgment. Smith had no money, was not
employed, and owned no property. Smith told
Callaghan that she would never be able to get
the $5,000 from him. Was Smith correct?
N
O
Steven Ramos was named as the defendant
in a lawsuit. A process server was directed
to deliver a summons to Ramos. Not finding
Ramos at home, the process server left the
summons in Ramo’s mailbox. Did Ramos
receive proper notice of the lawsuit.
Y
E
S
Explore the differences between civil and criminal law, covering civil trial steps, Miranda Rights, pleadings, and more. Discover the nuances of civil trials, starting with a complaint, and criminal trials, which begin with an arrest. Learn about the Miranda Rights and the essential stages of a civil trial, from pleadings to verdict and judgment.
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Presentation Transcript
Ch. 6 Business Law Review PowerPoint
CIVIL LAW TORTS Civil trials begin with a complaint. CRIMINAL LAW - CRIMES Criminal trial begins with an arrest.
The Miranda Rights Right to remain silent. Right to know crime for which you are being charged. Right to talk to an attorney before hand. Right to know the names of the arresting officers. Right to have an attorney present during questioning. Right to use the phone soon after being bought into the station. Right to a fair trial. Presumed innocent until proven guilty
Steps to a Civil Trial Steps to a Civil Trial 1. Complaint from Plaintiff Summons is filed & served 2. Answer by Defendant 3. Methods of Discovery Interrogations, depositions, requests for documents, medical & physical exams 4. Pre-Trial Hearing with Judge 5. Jury Selection Background, experience, relationships, attitudes, employment, education
Steps of a Civil Trial Steps of a Civil Trial Continued 6. Opening Statements 7. Introduction of Evidence Real evidence, documentary evidence & witnesses 8. Closing Arguments 9. Instructions to Jury by Judge 10. Verdict & Judgment 11. Execution of Judgment Continued
What is a pleading? A legal document.
Who files a complaint? The plaintiff
What pleading starts a Civil Trial? Complaint
What is the goal of each side of a civil case? To SETTLE out of court
Methods of Discovery interrogations depositions requests for documents medical physical exams
Things asked of prospective jurors. Background Experience Relationships Attitudes Employment Education
When in court which side presents their opening statements first. plaintiff
Who gives instructions to the jurors before they decide the verdict to any case? The Judge AKA - Impartial Referee
Decision of a jury VERDICT VERDICT
Written accusation issued by a grand jury. INDICTMENT INDICTMENT
Procedure in which accused pleads to the charge. ARRAIGNMENT ARRAIGNMENT
Formal written reply denying or admitting allegations of the complaint. ANSWER ANSWER
Jury of inquiry that conducts a preliminary hearing. GRAND JURY GRAND JURY
Courts decision or determination in a case. JUDGMENT JUDGMENT
Proceeding to decide whether or not to keep a minor in custody. DETENTION HEARING DETENTION HEARING
Statement of plaintiffs claim against the defendant. COMPLAINT COMPLAINT
Money or other property left with the court to assure the defendant s return to court. BAIL BAIL
Civil and criminal trials begin the same way. False. Civil begins with a complaint Criminal begins with an arrest
A grand jury is a jury of inquiry that carries on its own investigations. true
Failure to answer a complaint on time can result in the loss of the case by default. true
Juries are made up of people who are experts in the law. false
Criminal trials begin with the use of pleadings. False Criminal trials begin with an arrest
Documentary evidence includes objects such as weapons. False Documentary evidence consist of paper, contracts, receipts. Real evidence consists of weapons, guns, knives, etc.
The final charge to the jury is given by the defendant s lawyer. False. The judge, impartial referee gives legal input.
In a civil case, the decision of the jury must be unanimous. False Criminal case unanimous (everyone agrees) Civil case majority rule
School officials are allowed to search students without a search warrant if they have reasonable grounds. true
When an indictment is issued it means that the named person is guilty of a crime. False
Melissa Stinson was called for jury duty. She was selected to serve as a juror in a case in which her cousin was the plaintiff. The attorney for the defendant challenged her selection as a juror and asked that she be removed. Later, Melissa told a friend that she was removed because of the attorney s prejudice against her. Was she correct? NO
Ronald Borge was caught by a police officer inside a supermarket at night. The officer arrested him and, noticing the bulge in Borge s pocket, frisked him. Borge claims that he was illegally frisked. Do you agree with Borge? NO NO
Angela Callaghan won a civil suit against Jonathan Smith and received a $5,000 judgment. Smith had no money, was not employed, and owned no property. Smith told Callaghan that she would never be able to get the $5,000 from him. Was Smith correct? NO NO
Steven Ramos was named as the defendant in a lawsuit. A process server was directed to deliver a summons to Ramos. Not finding Ramos at home, the process server left the summons in Ramo s mailbox. Did Ramos receive proper notice of the lawsuit. YES YES
