Criminal vs. Civil Cases
CRIMINAL CASES
• For an alleged crime (a public wrong)
• Between the state and the accused
o People v. Smith
o U.S. v. Smith
• Prosecutor, Defendant(s)
• Standard of Proof
o “Guilt beyond a reasonable doubt”
CIVIL CASES
• For an alleged private wrong
• The state is not necessarily a party
o Jones v. Smith
o U.S. v. Microsoft
• Plaintiff(s), Defendant(s)
• Standard of Proof:
o Usually “preponderance of evidence”
o For some issues: “clear and convincing evidence”
Substantive v. Procedural Law
• Substantive – Defines people’s rights and duties
• Procedural – Defines the procedures used by
courts (and others) to enforce rights and duties
• Sometimes Substantive/Procedural line is unclear
Example: Statute of limitations
Definition of Civil Procedure
Civil procedure is the study of how a civil case
goes through a court system:
• Selection of the proper court
• Determination of which law the court will apply
• Steps by which a case proceeds through the
court system
Civil Litigation in Context
• Vast majority of disputes never result in
litigation
• Vast majority of cases filed are never tried
– Discovery results in all parties knowing all the
evidence before trial
– Most people are risk-averse
– Litigation is expensive and time-consuming
Litigation Pyramid
Cases Tried
Cases Filed (Litigation)
Disputes with Legal Remedies
All Disputes
All Human Interactions
TRIAL
PRETRIAL
Costs to Litigation
• Risk
• Legal costs (attorney fees, etc.)
• Long delay to get relief
• Client’s time
• Client’s business secrets potentially exposed
• Embarrassing testimony and/or media
attention
• Damage to relationship between the parties
Alternatives to Litigation
• Arbitration
• Mediation
• Compromise
• Turn the other cheek
Federal v. State Court Systems• There is a federal court system and each state has its
own court system
• The federal system is not superior to state systems– Federal courts are final interpreters of federal law and state
courts are final interpreters of state law
– But if they conflict, federal law is superior to state law
• Each system has its own rules of civil procedure, and each court usually has its own additional rules (“local rules”)
• A case is filed in either federal or state court
• The vast majority of civil and criminal cases are filed in a state court
Supremacy Clause
U.S. Constitution -- Article VI (in part)
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding.”
Federal Court System
U.S. District Courts
U.S. District Courts
• 94 U.S. District Courts
• Each state has 1-4 districts (e.g. “U.S. District Court for the Middle District of North Carolina”)
• Have original jurisdiction
• Have limited jurisdiction
– U.S. is a party
– Federal question cases
– Diversity cases
• Multiple judges in each district
• Only one judge presides in each case (almost always)
• Decisions are binding only on the parties
U.S. District Courts
• 94 U.S. District Courts
• Each state has 1-4 districts (e.g. “U.S. District Court for the Middle District of North Carolina”)
• Have original jurisdiction
• Have limited jurisdiction
– U.S. is a party
– Federal question cases
– Diversity cases
• Multiple judges in each district
• Only one judge presides in each case (almost always)
• Decisions are binding only on the parties
U.S. Constitution
1st Amendment
“Congress shall make no law respecting an
establishment of religion or prohibiting the
free exercise thereof; or abridging the
freedom of speech, or of the press.”
U.S. District Courts
• 94 U.S. District Courts
• Each state has 1-4 districts (e.g. “U.S. District Court for the Middle District of North Carolina”)
• Have original jurisdiction
• Have limited jurisdiction
– U.S. is a party
– Federal question cases
– Diversity cases
• Multiple judges in each district
• Only one judge presides in each case (almost always)
• Decisions are binding only on the parties
Federal Court System
U.S. Courts of Appeals
U.S. District Courts
U.S. Courts of Appeals
• 12 geographic U.S. Courts of Appeals (e.g. U.S. Court of Appeals for the Fourth Circuit)
• Has appellate jurisdiction
• Parties have the right to appeal to them
• Each circuit has 5-15 districts (except D.C.)
• Multiple judges in each circuit
• Three-judge panel hears an appeal
• Sometimes the whole circuit will rehear an appeal “en banc” (less than 1% of appeals)
• Decisions binding on all U.S. District Courts in the circuit.
U.S. Courts of Appeals
• 12 geographic U.S. Courts of Appeals (e.g. U.S. Court of Appeals for the Fourth Circuit)
• Has appellate jurisdiction
• Parties have the right to appeal to them
• Each circuit has 5-15 districts (except D.C.)
• Multiple judges in each circuit
• Three-judge panel hears an appeal
• Sometimes the whole circuit will rehear an appeal “en banc” (less than 1% of appeals)
• Decisions binding on all U.S. District Courts in the circuit.
Federal Court System
U.S. Supreme
Court
U.S. Courts of Appeals
U.S. District Courts
U.S. Supreme Court
• Has appellate jurisdiction (with few exceptions)
• Hears appeals from U.S. Courts of Appeals and, on issues of federal law, from the highest court in each state.
• Has almost complete discretion of whether to hear a case
• Grants only about 1% of petitions for certiori
• All nine judges hear each case
• Decisions regarding federal law are binding on all courts
Typical State Court Systems
Final Appellate
Court
Intermediate Appellate Court(s)
Trial Courts
Some Confusing Facts• Most – but not all – intermediate appellate state courts
are called the “Court of Appeals.”
• Most – but not all – highest state courts are called the “Supreme Court.”
For example, New York calls each of its basic trial courts a “Supreme Court,” and its highest court the “Court of Appeals”
• Before 1911, there were federal “Circuit Courts” which were both trial and appellate courts.
• When first created in 1891, U. S. Courts of Appeals were called “Circuit Courts of Appeals” and often are still informally called “Circuit Courts.”
More Confusing Facts
• The U.S. Supreme Court is the final interpreter of federal law (including the U.S. Constitution).
• The highest state court is the final interpreter of state law.
Brief Outline of Civil Litigation
Plaintiff initiates the lawsuit
Underlying
Dispute
Occurs
Decision To Sue
- Choose Defendants
- Choose Court
Subject Matter Jurisdiction?
Personal Jurisdiction?
Venue?
P Initiates the Suit
-File Complaint
-Serve Process
Factors in Choosing Among
Proper Courts
• Convenience for client
• Ability to get witnesses
• Delay
• Procedural rules differences
• Occasional substantive law differences
• Bias
• Attorney’s familiarity with court
How to Change Plaintiff’s
Choice of Court (Forum)• Removal – Defendant usually can move
(“remove”) a state case to federal court if the
case could have been originally filed in
federal court
• Transfer – Court transfers the case to
another court in the same court system
• Forum non Conveniens – Court dismisses
the case and encourages plaintiff to refile it
in a different court system
Brief Outline of Civil Litigation
Plaintiff initiates the lawsuit
Underlying
Dispute
Occurs
Decision To Sue
- Choose Defendants
- Choose Court
Subject Matter Jurisdiction?
Personal Jurisdiction?
Venue?
P Initiates the Suit
-File Complaint
-Serve Process
Outline of Civil Litigation (page 2)
File “Motion
to Dismiss”
Complaint
(“demurrer”)
File Answer
to Complaint
P appeals
P gives up:
Case Over
P fixes problem &
refiles complaint
(if possible)
Go to Discovery
DefaultGo to Judgment
Defendant Responds to Complaint
Outline of Civil Litigation (page 3)
Trial
Jury Trial
or
Bench trial
(Judge trial)
Discovery
Document
Review
Depositions
Interrogatories
Request for
Admissions
Physical
Examinations
Motion for
Summary Judgment
(or partial
summary judgment)
“No genuine issue
of material fact”
Motion granted
Go to Judgment
Go to Judgment
Outline of Civil Litigation (page 4)
Appeal
Usually have right
to appeal only to
next highest court
Standard of Review:
Factual issues v.
Legal issues
(e.g. de novo,
abuse of discretion,
clearly erroneous)
Judgment
Who wins?
If P wins,
what remedy?
Enforce
Judgment
(maybe)
Case Over
Affirmed
Case Over
(may need
to enforce
judgment)
ReversedRemand to
trial court for
further
proceedings
or entry of
judgment
Loser appeals
Top Related