Chapter 2.2 Trial Procedures 4 th period--Law in Society Mrs. Baker—Instructor 9.17.12

1. Chapter 2.2Trial Procedures 4th period--Law in SocietyMrs. Baker—Instructor 9.17.12

2. How to seek alternatives to litigation How to differentiate between civil & criminal cases How to explain the steps in a civic lawsuit How to exercise your rights if arrested How to explain the steps in a criminal prosecution How to apply court procedures to juvenile cases Objectives

3. What is alternative dispute resolution • A process that occurs when parties try to resolve disagreements outside of the usual court. • Reactive Methods • used after the dispute has arisen. • Oldest form of reactive ADR—Mediation & arbitration • Mediation—when parties invite a third party (mediator)to help find a solution. • Arbitration—when parties havethe power to settle their dispute to a third party. • Med-Arb—new form of ADT which combines the best aspects of mediation and arbitration. Mediation—problem not solved—arbitration • Early neutral evaluation (ENE)—an evaluator examines the facts and determines the judgment. Civil Trial Procedures

4. Proactive Methods • Partnering—the parties of a contract agree to meet to get to know one another in advance • Settlement Week—A courts docket is cleared of all business except for settlement hearings. • Negotiated Rule Making—An agency that is about to create new rule or revise existing rules meets with the parties who will be affected by the new rules. The parties then writes the new rules together. • Science court—acts a forum for disputes involving scientific and technological controversies. Involves matters of genetics engineering, nuclear energy research, etc. Civil Trial Procedures

5. Pleadings—the formal papers filed with the court by the plaintiff and defendant. • Plaintiff—the party that accuses a person of a crime • Complaint—the plaintiff’s allegations or claims • Defendant—the person being accused of a crime. • Answer—the defendant’s response to those allegations • If no settlement can be made, the court clerk places the case on the court docket for trial. • Pretrial hearing—an informal meeting before a judge intended to simplify the issues or discuss matters that might help dispose the case Civil Trial Procedures

6. Steps in a jury trial • Selecting the jury—Jurors are selected from a pool of citizens • Opening statements—attorneys from both sides make statements explaining what they intended to prove. (Plaintiff’s attorney goes first ) • Introduction of evidence—Plaintiff’s attorney presents all evidences—documentary items, written contracts, sales receipts, letters or affidavits (sworn statements), physical objects—weapons, photographs and witness testimonies. • Subpoena—order to appear and testify in court. • Closing arguments—The plaintiff’s attorney goes first to present summarization of the evidences and suggest reasons why the judge or jury should find in favor of his/her client. • Instruction to the jury—jury deliberates on a verdict (decision).. • Verdict and judgment—The court/judge issues a judgment—court’s determination or decision of the case. Civil Trial Procedures

7. Remedies • If the defendant is found liable in a civil case, the plaintiff is entitled to a remedy. • Execution of the judgment • Must be enforced by the court Civil Trial Procedures

8. Steps in a criminal trial proceedings • Arrest of the defendant • Arrest—occurs when a person is deprived of his/her freedom. • Can occur with or with a warrant • What are the “Miranda Rights?” • Bail—is money or other property that is left wit ht court to assure that a person who has been arrested, but released, will return to trial. • Search & Seizure • Arraignment—court hearing after the arrest to be informed of the nature of the complaint and made aware of his/her rights. Case may be dismissed or continued only by the judge. Guilty or not guilty • Grand jury decided if a trial goes to trail and issues an indictment—a written accusation charging the individual. • Trial—Jury is selected, opening statements are made evidence is introduced, closing statements are given and instructions to the jury is given for a verdict and judgment. • Mistrial is given only if the jury cannot agree and a new trial may be held at the option of the prosecution. • Sentencing—carried out by the court • Fines • Imprisonment Criminal Trial Procedures

9. Juvenile cases are handled by juvenile courts. • Detention hearing takes place • Investigation into the minor’s background and home life • If charges are dismissed, an adjudicatory hearing takes place. • If not, a dispositional hearing takes place. • Judge then decides the outcome from 1 of 3 settlements: • The offender may return home on probation for a period of time. • The offender may be placed in a foster home—parents pay for offenders' support. • The offender may go to a training/reform school –LAST RESORT • Juvenile can be ordered to pay for damages with money, work or both. Disposition of Juvenile cases

10. Questions

11. 4th period--Law in Society Mrs. Baker—Instructor 9.13.12 Chapter 2.1A Dual Court System

12. BOTH ASSIGNMENTS ARE DUE TODAY, 9/17/12 Identify/know vocabulary words Complete Section 2.2 assessment, pg. 49 # 1-6. BOTH ASSIGNMENTS ARE DUE TODAY, 9/17/12 After assignment