Chapter 4 Review

TEST NEXT CLASS PERIODMake sure you study the 7 Steps in a civil case and the 9

steps in a criminal/jury trial.

What is an arbitrator? Decision is legally binding

Independent 3rd party-holds informal hearing to hear case.

What is a mediator? Cheapest way of settling a dispute

Not binding in court

3rd party mediator

What is litigation? Most expense way to settle a dispute.

Going to court

What happens in appellate courts? Review case to see

Errors of Law Errors of Fact Do NOT hear witnesses

Juvenile Courts are designed to…… Provide Guidance and Rehabilitation

Protect minors from own immaturity

US Constitution has jurisdiction over? Federal

Constitutional Law

Criminal Defendants Can have BOTH jury or judge trials

Cannot be made to testify at own trial

Can have a trial by jury

Have the right to an attorney if cannot

afford one.

Small Claims Court Civil Cases for small amounts up to $3,000

Criminal Court Procedure Right to an attorney

Right to Jury

Right to remain silent and not testify against themselves.

Proof “BEYOND A REASONABLE DOUBT”

List 9 Steps on Page 77 in textbook

Civil Court Procedure List 7 steps on page 73 in textbook

Complaint: states plaintiffs claims, justify relief demanded

Answer: Statement denying or agreeing with complaint FAILURE to answer results in plaintiff winning automatically.

Deposition: Witnesses or parties questioned under oath by opposing attorneys—Takes place BEFORE the trial.

Jury Trials Subpoena: Written order by judge to appear in court and give

testimony

No Jury only a Judge. Then the judge decides

Jury Trial---Jury decides (preponderance of the evidence – civil case, beyond a reasonable doubt – criminal case)

Judge gives instructions to the jury and ALWAYS decides ISSUES OF (THE) LAW

Jury ALWAYS decides ISSUES OF FACT

Civil Case vs. Criminal Case

Civil

Private wrong between people

Preponderance of the Evidence or majority of jurors

May be forced to testify

No right to an attorney

Only money damages, injunction or decree of specific performance.

Criminal

Wrong against society as a whole

Beyond a reasonable doubt

Right to attorney

Not testify against themselves

Money and/or Jail Time