Chapter 2 SECTION OPENER CLOSER INSERT BOOK COVER

Chapter 2 SECTION OPENER / CLOSER: INSERT BOOK COVER ART Section 2. 2 Trial Procedures

Section 2. 2 Trial Procedures What You’ll Learn How to seek alternatives to litigation (p. 34) How to differentiate between civil and criminal cases (p. 34) Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures What You’ll Learn How to explain the steps in a civil lawsuit (p. 36 -41) How to exercise your rights if arrested (p. 43) Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures What You’ll Learn How to explain the steps in a criminal prosecution (p. 43 -47) How to apply court procedures to juvenile cases (p. 47) Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Why It’s Important Learning the alternative to litigation will help you handle disputes that arise. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Legal Terms alternative dispute resolution (p. 34) complaint (p. 36) answer (p. 36) verdict (p. 41) judgment (p. 41) specific performance (p. 41) Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Legal Terms injunction (p. 41) arrest (p. 43) bail (p. 43) indictment (p. 45) arraignment (p. 45) detention hearing (p. 47) Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section Outline Civil Trial Procedure Alternative Dispute Resolution Pleadings Pretrial Hearing Steps in a Jury Trial Remedies Execution of Judgment Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section Outline Criminal Trial Procedure Arrest of the Defendant The Arraignment The Trial Sentencing Disposition of Juvenile Cases Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Pre-Learning Question What is the difference between a civil and criminal trial? Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Civil and criminal trials begin differently. The government brings criminal cases for offenses committed against the public at large. In contrast, individuals who believe they have been injured initiate civil cases. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Civil Trial Procedures When someone brings a civil case to an attorney, the lawyer investigates the case, which can be expensive. As a result, people have begun to explore alternatives to lawsuits. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Alternative Dispute Resolution occurs when parties try to resolve disagreements by using creative settlement techniques can be classified as reactive methods and proactive methods. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Pleadings Civil trials begin with pleadings, the formal papers filed with the court by the plaintiff and defendant. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Pleadings These papers express the plaintiff’s allegations, or claims, in the form of a complaint. The defendant’s response to those allegations is known as the answer. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Pretrial Hearing A pretrial hearing is an informal meeting before a judge. It is intended to simplify the issues and discuss matters that might help dispose of the case. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Steps in a Jury Trial selecting the jury opening statements introduction of evidence closing arguments instructions to the jury verdict and judgment Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Selecting the Jury The jury is selected from a pool of citizens who have been called to serve. The lawyers question each juror selected from the pool trying to predict whether a juror will be fair or prejudiced. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Opening Statements In their opening statements, attorneys for each side explain what they intend to prove. The plaintiff’s attorney goes first. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Introduction of Evidence The plaintiff’s attorney presents all of the plaintiff’s evidence. Types of evidence include documentary items, such as contracts or affidavits (sworn statements) physical objects, such as weapons witness testimony Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Introduction of Evidence The defense attorney has the chance to cross-examine the plaintiff’s witnesses. When the plaintiff’s attorney rests, the defendant’s attorney presents evidence favorable to his or her client. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Closing Arguments Each attorney summarizes the evidence and suggests reasons why the judge or jury should find in favor of his or her client. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Instructions to the Jury The judge must explain the law to the jury in a process called jury instruction. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Verdict and Judgment The members of jury go to the jury room to deliberate upon their verdict, or decision. Following the verdict, the court issues a judgement, the court’s determination or decision in the case. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Remedies Generally there are two categories of remedies: the payment of damages, or an equitable remedy, which asks the court to do what is fair and just Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Remedies Specific performance is a remedy in which the plaintiff requests that the defendant do what he or she promised in a contract. Injunction is an order by the court to stop the defendant from performing an action. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures What is the purpose of a pretrial hearing? Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures ANSWER It is intended to simplify the issues and discuss matter that might help dispose of the case. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Pre-Learning Question How do you think a criminal trial proceeds? Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Criminal Trial Procedure The criminal trial procedure follows these steps: arrest of the defendant the arraignment the trial sentencing Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Arrest of the Defendant An arrest occurs when a person is deprived of his or her freedom. Arrested people must be informed for their constitutional rights. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Rights of the Defendant to be told what crimes they are being arrested for and the names of the police officers making the arrest to make a telephone call Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Rights of the Defendant to possibly be released on bail (money or other property that is left with the court to assure that the person arrested, but released, will return to trial). to remain silent Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Rights of the Defendant to talk to an attorney and have an attorney present during questioning to have a fair trial to be presumed innocent until proven guilty Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures The Arraignment If members of a grand jury decide a crime has been committed, they issue an indictment. An indictment is a written accusation charging the individual. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures The Arraignment Following the indictment, the accused is brought to court for arraignment. At the arraignment, the indictment is read to the suspect, and the suspect is asked to plead guilty or not guilty. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures The Trial If the defendant requests a jury trial: jurors are selected attorneys make opening statements, introduce evidence attorneys make closing statements jury receives instructions, announces decision if guilty, judge imposes sentence Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures The Trial If the defendant does not request a jury trial, the case is tried before the judge, who decides the verdict. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Sentencing After a person has been convicted of a crime, he or she is sentenced by the court. Penalties include: fines imprisonment the death penalty Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Disposition of Juvenile Cases involving juvenile offenders are handled by the juvenile court. The juvenile court system is designed so that each case and special circumstances are considered individually. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Disposition of Juvenile Cases The judge usually holds a detention hearing to learn whethere are good reasons to keep the accused in custody. An investigation is begun into the minor’s background and home life. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Disposition of Juvenile Cases The judge might dismiss the charges because of special circumstances. If the charges are not dismissed, the judge conducts an adjudicatory hearing—an informal, actual hearing of the case by the court. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Disposition of Juvenile Cases To settle juvenile cases, the judge may: 1. allow the offender to return home on probation 2. place the offender in an agency or foster home 3. commit the offender to a training or reform school. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Reviewing What You Learned 1. What are some alternatives to litigation? Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Reviewing What You Learned Answer Alternative dispute resolution (ADR)— reactive and proactive methods. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Reviewing What You Learned 2. What is the difference between a civil case and a criminal case? Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Reviewing What You Learned Answer Criminal: brought by government for offenses committed against public at large. Civil: brought by individuals who believe they have been injured by another party. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Reviewing What You Learned 3. What are the steps in a civil lawsuit? Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Reviewing What You Learned Answer attorney investigates the case possible alternatives to litigation explored pleadings pretrial hearing jury selection Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Reviewing What You Learned Answer opening statements evidence introduced closing arguments instructions to the jury verdict and judgement given Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Reviewing What You Learned 4. How can people exercise their rights when they are arrested? Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Reviewing What You Learned Answer By knowing their rights, such as the right to know what crime they are charged with and the right to use a telephone, people are more able to exercise them. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Reviewing What You Learned 5. What are the steps in a criminal prosecution? Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Reviewing What You Learned Answer arrest of the defendant grand jury hands down an indictment suspect is arraigned trial opens with jury selection if requested opening statements are made Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Reviewing What You Learned Answer evidence is introduced closing statements are made instructions are given to the jury announces decision if guilty, the judge imposes a sentence Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Reviewing What You Learned 6. How do the courts treat juvenile cases? Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Reviewing What You Learned Answer Handled by juvenile court starting with a detention hearing. If the charges are not dismissed at this time, judge conducts an adjudicatory hearing. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Critical Thinking Activity Ethics and the Law Why is it important to know your Constitutional rights when you are arrested? Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Critical Thinking Activity Answer Ethics and the Law Answers may vary but should suggest that in order to exercise your rights, you should know what they are. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Legal Skills in Action Treating Minors as Adults Under certain circumstances, many states will permit a minor to be tried as an adult, such as when the minor has been in serious trouble previously or has committed a very violent offense. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Legal Skills in Action Treating Minors as Adults Debating with a partner, have one of you support the trend that permits minors to be treated as adults in certain situations and have the other oppose that trend. Understanding Business and Personal Law The Court System

Section 2. 2 Trial Procedures Section 2. 2 Assessment Legal Skills in Action Answer Treating Minors as Adults Debates will vary but should show both sides of the argument. Understanding Business and Personal Law The Court System

Chapter 2 SECTION OPENER / CLOSER: INSERT BOOK COVER ART End of Section 2. 2 Trial Procedures