American Court SystemApply laws to actual situations

American Court SystemApply laws to actual situations

• Criminal Court (Federal, State, and Local)

• Civil Law (Lawsuits, Complaints, and Small Claims)

Criminal Court

Criminal Court• Determines whether a person accused

of breaking the law is guilty or not guilty?• Question: was a law broken?

Criminal Court

• Burden of Proof: (High) "Without a Reasonable Doubt" • The Prosecution must prove the Accused

broke the law• The Defense has to make sure the

Prosecution gives his/her client a fair trial.• Decided by a Jury and “checked” by the

Judge

Criminal Court

Penalty for breaking the Law• Misdemeanor: generally a crime punishable with

incarceration for one year or less to be a misdemeanor.– Fines – Community Service– Imprisonment

• Felony: a felony as a crime punishable by death or imprisonment in excess of one year.– Fines– Imprisonment– Death Penalty

Criminal Court

• A Criminal Court, typically run at the State and Federal levels, has the following participants:– A Judge– A Prosecuting Attorney/Plaintiff– A Defense Attorney/Defense– An Accused Person(s)/Defendant(s)– A Jury of 12 citizens and 3-5 alternate jurors

The Judge

• The master of the legal arena where lawyers for opposing sides try to present the strongest cases.

• The Judge has the role of an impartial referee that has to be fair to both sides while managing the court room within the law governing criminal trials.

The Prosecution/Prosecuting Attorney

• Known as “the People”• Prosecuting Attorney(s) are the “People’s

Representative” in legal matters. • The government, which is “the People”,

brings charges against a person who is accused of breaking the law• For example: Prosecuting Attorney is called

the DA = District Attorney

Accused Person(s)/Defendant

• The person accused of “breaking the law”.• The person is “innocent until proven

guilty”. • Guaranteed a fair trial by a jury of his

peers.• Guaranteed legal representation if

he/she could not afford representation.

Civil Court

Civil Court• Settles disagreements between

people or organizations, sometimes called a “Lawsuit” or commonly “Suing”• Question: How can we resolve this

conflict or disagreement?

Civil Court

• Burden of Proof: (51%) "The Preponderance (Majority) of the Evidence shows wrong doing or responsibility/liability“– also known as balance of probabilities is the

standard required in most civil cases

• Decided by a Judge or Jury (a Jury is usually present for Class Action Lawsuits)

Civil Court

Penalty or Resolution of Disagreement• Those found in wrong doing or those found

responsible (liable)– Cash Settlement (damages)– Court Ordered Settlement (for example:

changes in the business practices of the defendant).

– Legal Costs

Civil CourtComplaint

A legal document that provides details of the disagreement or conflict between the two or more parties.

Liablefound responsible or liable for their actions (or inaction) or the businesses actions.

Counter Complaint Sometime the defendant will file a counter law suit against the

Complainant. That Lawsuit will be addressed AFTER the first lawsuit has been heard.

Civil Court

• A Civil Court, typically run at the Local, State and Federal levels, has the following participants:– A Judge– A Prosecuting Attorney/Plaintiff– A Defense Attorney/Defense– An Accused Person(s)/Defendant(s)– A Jury of 12 citizens and 3-5 alternate jurors

when the case is a Class Action Lawsuit.

The Judge

• The master of the legal arena where lawyers for opposing sides try to present the strongest cases.

• The Judge has the role of an impartial referee that has to be fair to both sides while managing the court room within the law governing civil lawsuits.

• In cases without a Jury, the Judge decides the outcome based in the evidence at hand.

Plaintiff(s) and Defendant(s)

Plaintiff(s)– The person(s) that bring a complaint (lawsuit)

against other person(s) and/or businesses.

Defendant(s)– The person(s) and/or businesses that must answer

a complaint (lawsuit).

Plaintiff Lawyer• Private Lawyer or Law firm in Private Lawsuits. • In Class Action Lawsuits involving Federal or

State regulations the Lawyer usually is a Federal or State Attorney. • Hired by the Plaintiff to pursue the complaint

in court• Usually paid from the settlement (money

awarded by damages)

Defendant Lawyer

Defendant Lawyer– Private Lawyer or Law Firm– Hired by the Defendant to defend against

the complaint in court – Usually paid by the Defendant (unless a

counter suit is filed)

The Jury

• Used only in major Civil Action Cases involving person(s) bringing complaints against other person(s), businesses or government institutions.

• In civil cases, a petit jury determines liability and damages based upon jury instructions provided by the judge.

Civil Court – Class Action

• Civil Court: Class Action– When a group of people file a lawsuit against

another group or people or business(s) with the potential damages exceed $5,000,000.00!

– The Class Action Civil Case has a Judge, Jury, Plaintiff Attorney and Defendant Attorney.

– In Cases involving Federal Regulations (Drinking Water, Environment, Pollution, etc..) a Prosecuting Attorney would represent the government against the party(s) the complaint was filed against.

Civil Court – Small Claims Court

• Civil Court: Small Claims Court – People's Court, Judge Judy, Judge Brown, Judge Dredd,

Jud Nelson, etc..– Small private disputes in which large amounts of money

are not at stake, usually a maximum of $15,000.– Small Claims court allows people to represent themselves

without legal counsel.– By suing in a small-claims court, the plaintiff typically

waives any right to claim more than the court can award.– The Judge makes the final ruling based on the

Preponderance of the Evidence.