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Section 2.2. What You’ll Learn. How to seek alternatives to litigation (p. 34) How to differentiate between civil and criminal cases (p. 34). What You’ll Learn. How to explain the steps in a civil lawsuit (p. 36-41) How to exercise your rights if arrested (p. 43). What You’ll Learn. - PowerPoint PPT Presentation
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22ChapterChapter
SECTION OPENER / CLOSER:INSERT BOOK COVER ART
Trial ProceduresTrial ProceduresSection 2.2Section 2.2
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
What You’ll Learn
How to seek alternatives to litigation (p. How to seek alternatives to litigation (p. 34)34)
How to differentiate between civil and How to differentiate between civil and criminal cases (p. 34) criminal cases (p. 34)
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
What You’ll Learn
How to explain the steps in a civil lawsuit How to explain the steps in a civil lawsuit (p. 36-41)(p. 36-41)
How to exercise your rights if arrested (p. How to exercise your rights if arrested (p. 43)43)
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
What You’ll Learn
How to explain the steps in a criminal How to explain the steps in a criminal prosecution (p. 43-47)prosecution (p. 43-47)
How to apply court procedures to juvenile How to apply court procedures to juvenile cases (p. 47)cases (p. 47)
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Why It’s Important
Learning the alternative to litigation will help Learning the alternative to litigation will help you handle disputes that arise.you handle disputes that arise.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Legal Terms
alternative dispute resolution (p. 34)alternative dispute resolution (p. 34)complaint (p. 36)complaint (p. 36)answer (p. 36)answer (p. 36)verdict (p. 41)verdict (p. 41)judgment (p. 41)judgment (p. 41)specific performance (p. 41)specific performance (p. 41)
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Legal Terms
injunction (p. 41)injunction (p. 41)arrest (p. 43)arrest (p. 43)bail (p. 43)bail (p. 43)indictment (p. 45)indictment (p. 45)arraignment (p. 45)arraignment (p. 45)detention hearing (p. 47)detention hearing (p. 47)
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Civil Trial Procedure Alternative Dispute ResolutionPleadingsPretrial HearingSteps in a Jury TrialRemediesExecution of Judgment
Section OutlineSection Outline
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Criminal Trial Procedure Arrest of the DefendantThe ArraignmentThe TrialSentencingDisposition of Juvenile Cases
Section OutlineSection Outline
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Pre-Learning Question Pre-Learning Question
What is the difference between a civil and criminal trial?
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Civil Trial Procedures Civil Trial Procedures Civil and criminal trials begin differently.The government brings criminal cases for offenses committed against the public at large.In contrast, individuals who believe they have been injured initiate civil cases.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Civil Trial Procedures Civil Trial Procedures When someone brings a civil case to an attorney, the lawyer investigates the case, which can be expensive.As a result, people have begun to explore alternatives to lawsuits.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Alternative Dispute Resolution Alternative Dispute Resolution occurs when parties try to resolve disagreements by using creative settlement techniquescan be classified as reactive methods and proactive methods.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Pleadings Pleadings Civil trials begin with pleadings, the formal papers filed with the court by the plaintiff and defendant.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Pleadings Pleadings These papers express the plaintiff’s allegations, or claims, in the form of a complaint.
The defendant’s response to those allegations is known as the answer.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Pretrial Hearing Pretrial Hearing A pretrial hearing is an informal meeting before a judge.It is intended to simplify the issues and discuss matters that might help dispose of the case.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Steps in a Jury Trial Steps in a Jury Trial selecting the juryopening statementsintroduction of evidenceclosing argumentsinstructions to the juryverdict and judgment
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Selecting the Jury Selecting the Jury The jury is selected from a pool of citizens who have been called to serve.
The lawyers question each juror selected from the pool trying to predict whether a juror will be fair or prejudiced.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Opening Statements Opening Statements In their opening statements, attorneys for each side explain what they intend to prove. The plaintiff’s attorney goes first.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Introduction of Evidence Introduction of Evidence The plaintiff’s attorney presents all of the plaintiff’s evidence. Types of evidence include
documentary items, such as contracts or affidavits (sworn statements)physical objects, such as weaponswitness testimony
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Introduction of Evidence Introduction of Evidence The defense attorney has the chance to cross-examine the plaintiff’s witnesses.
When the plaintiff’s attorney rests, the defendant’s attorney presents evidence favorable to his or her client.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Closing Arguments Closing Arguments Each attorney summarizes the evidence and suggests reasons why the judge or jury should find in favor of his or her client.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Instructions to the Jury Instructions to the Jury The judge must explain the law to the jury in a process called jury instruction.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Verdict and Judgment Verdict and Judgment The members of jury go to the jury room to deliberate upon their verdict, or decision.
Following the verdict, the court issues a judgement, the court’s determination or decision in the case.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Remedies Remedies Generally there are two categories of remedies:
the payment of damages, oran equitable remedy, which asks the court to do what is fair and just
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Remedies Remedies Specific performance is a remedy in which the plaintiff requests that the defendant do what he or she promised in a contract.
Injunction is an order by the court to stop the defendant from performing an action.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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What is the purpose of a pretrial hearing?
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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ANSWERANSWER
It is intended to simplify the issues and discuss matter that might help dispose of the case.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Pre-Learning Question Pre-Learning Question
How do you think a criminal trial proceeds?
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Criminal Trial Procedure Criminal Trial Procedure The criminal trial procedure follows these steps:
arrest of the defendantthe arraignmentthe trialsentencing
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Arrest of the Defendant Arrest of the Defendant An arrest occurs when a person is deprived of his or her freedom.
Arrested people must be informed for their constitutional rights.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Rights of the Defendant Rights of the Defendant to be told what crimes they are being arrested for and the names of the police officers making the arrest
to make a telephone call
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Rights of the Defendant Rights of the Defendant to possibly be released on bail (money or other property that is left with the court to assure that the person arrested, but released, will return to trial).to remain silent
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Rights of the Defendant Rights of the Defendant to talk to an attorney and have an attorney present during questioningto have a fair trialto be presumed innocent until proven guilty
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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The Arraignment The Arraignment If members of a grand jury decide a crime has been committed, they issue an indictment.
An indictment is a written accusation charging the individual.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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The Arraignment The Arraignment Following the indictment, the accused is brought to court for arraignment.
At the arraignment, the indictment is read to the suspect, and the suspect is asked to plead guilty or not guilty.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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The Trial The Trial If the defendant requests a jury trial:
jurors are selectedattorneys make opening statements, introduce evidenceattorneys make closing statements jury receives instructions, announces decisionif guilty, judge imposes sentence
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
The Trial The Trial If the defendant does not request a jury trial, the case is tried before the judge, who decides the verdict.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Sentencing Sentencing After a person has been convicted of a crime, he or she is sentenced by the court. Penalties include:
fines imprisonment the death penalty
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Disposition of Juvenile Cases Disposition of Juvenile Cases Cases involving juvenile offenders are handled by the juvenile court.The juvenile court system is designed so that each case and special circumstances are considered individually.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Disposition of Juvenile Cases Disposition of Juvenile Cases The judge usually holds a detention hearing to learn whether there are good reasons to keep the accused in custody.An investigation is begun into the minor’s background and home life.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Disposition of Juvenile Cases Disposition of Juvenile Cases The judge might dismiss the charges because of special circumstances.If the charges are not dismissed, the judge conducts an adjudicatory hearing—an informal, actual hearing of the case by the court.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Disposition of Juvenile Cases Disposition of Juvenile Cases To settle juvenile cases, the judge may:
1. allow the offender to return home on probation
2. place the offender in an agency or foster home
3. commit the offender to a training or reform school.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Reviewing What You Learned
1. What are some alternatives to litigation?
Section 2.2 Assessment
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Reviewing What You Learned
Alternative dispute resolution (ADR)—reactive and proactive methods.
Section 2.2 Assessment
Answer
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Reviewing What You Learned
2. What is the difference between a civil case and a criminal case?
Section 2.2 Assessment
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Reviewing What You Learned
Criminal: brought by government for offenses committed against public at large.Civil: brought by individuals who believe they have been injured by another party.
Section 2.2 Assessment
Answer
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Reviewing What You Learned
3. What are the steps in a civil lawsuit?
Section 2.2 Assessment
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Reviewing What You Learned
attorney investigates the casepossible alternatives to litigation exploredpleadingspretrial hearingjury selection
Section 2.2 Assessment
Answer
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Reviewing What You Learned
opening statementsevidence introducedclosing argumentsinstructions to the juryverdict and judgement given
Section 2.2 Assessment
Answer
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Reviewing What You Learned
4. How can people exercise their rights when they are arrested?
Section 2.2 Assessment
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Reviewing What You Learned
By knowing their rights, such as the right to know what crime they are charged with and the right to use a telephone, people are more able to exercise them.
Section 2.2 Assessment
Answer
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Reviewing What You Learned
5. What are the steps in a criminal prosecution?
Section 2.2 Assessment
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Reviewing What You Learned
arrest of the defendantgrand jury hands down an indictmentsuspect is arraignedtrial opens with jury selection if requestedopening statements are made
Section 2.2 Assessment
Answer
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Reviewing What You Learned
evidence is introducedclosing statements are madeinstructions are given to the jury jury announces decisionif guilty, the judge imposes a sentence
Section 2.2 Assessment
Answer
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Reviewing What You Learned
6. How do the courts treat juvenile cases?
Section 2.2 Assessment
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Reviewing What You Learned
Handled by juvenile court starting with a detention hearing. If the charges are not dismissed at this time, judge conducts an adjudicatory hearing.
Section 2.2 Assessment
Answer
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
The Court System
Section 2.2 Assessment
Critical Thinking ActivityEthics and the LawWhy is it important to know your Constitutional rights when you are arrested?
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Section 2.2 Assessment
Answers may vary but should suggest that in order to exercise your rights, you should know what they are.
Critical Thinking Activity AnswerEthics and the Law
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Trial Procedures Trial Procedures Section 2.2Section 2.2
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Section 2.2 Assessment
Legal Skills in ActionTreating Minors as Adults Under certain circumstances, many states will permit a minor to be tried as an adult, such as when the minor has been in serious trouble previously or has committed a very violent offense.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Section 2.2 Assessment
Legal Skills in ActionTreating Minors as Adults Debating with a partner, have one of you support the trend that permits minors to be treated as adults in certain situations and have the other oppose that trend.
Understanding Business and Personal Law
Trial Procedures Trial Procedures Section 2.2Section 2.2
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Section 2.2 Assessment
Debates will vary but should show both sides of the argument.
Legal Skills in Action AnswerTreating Minors as Adults
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SECTION OPENER / CLOSER:INSERT BOOK COVER ART
Trial ProceduresTrial ProceduresEnd of Section 2.2End of Section 2.2
