Court Proceedings

CIVIL CASESSTEPS IN A CIVIL CASE

1) Complaint – plaintiff/defendant, describes suit.

2) Summons – sent by court to defendant.3) Discovery – find evidence in the case by

both the defendant and the plaintiff.4) Settlement – either side has a chance to

settle the issue before going to court, or use an arbitrator. (Most cases decided before court)

5) Trial – Right to a jury, most decided by judge.

6) Appeal – if defendant loses, has right to appeal.

CRIMINAL CASESArrest

• Police arrest & book suspect. “Tag ‘em and bag ‘em clause.”

Preliminary Hearing• Suspect appears before a judge.• Bail is set.

Indictment• Grand jury (or judge) hears evidence & formally charges

the suspect with the crime.Arraignment

• Defendant pleads not guilty.• Trial date is set.• Defendant plead guilty & accepts a plea bargain.

Trial• Prosecution & defense present cases to jury/judge• Jury/Judge reaches a verdict.

Acquittal• Defendant found not guilty or goes free.

Sentencing• Defendant found guilty.• Judge sentences defendant.

JUVENILES & THE COURTS• Juvenile – a person under the age of 18.• Juvenile Delinquent – persons under 18 who commit

crime.

Goal of the Juvenile Justice SystemRehabilitation – help young person correct behavior.

Types of Cases• Neglect – caregivers abuse or do not care for

juvenile.• Delinquency – juvenile commits crime.

Juvenile Trials• No trial by jury & trials are closed to the public.• Once juvenile completes probation, the charges are

dropped and removed from their record.