Trial Procedures

Civil & Criminal

Civil Trial Procedure

Individuals who believe they have been injured initiate the civil cases.

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Brown vs. Board of Education

A Landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional. The decision overturned the Plessy vs. Ferguson decision of 1896, which allowed state-sponsored segregation, insofar as it applied to public education. Handed down on May 17, 1954

Alternative Dispute Resolution (ADR)

This process is an increasingly popular process that occurs when parties try to resolve disagreements outside of the usual adversial system.

ADR Techniques: Reactive Methods

Meditation: The parties decide to invite a third party into the decision making process to help find a solution.


Arbitration: The parties actually transer the power to settle their dispute


Med-arb: Combines the best aspects of meditation and arbitration


Early Neutral Evaluation: An evaluator examines the facts and the law, makes a impartial evaluations and determines the amount of the award


Summary Jury Trial: A short trial that runs less than a day before a real jury, which then comes up with a verdict


Private Civil Trial: The parties hold the trial at the time and place of their choosing

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ADR Techniques: Proactive Methods

Partnering- partnering involves a process by wich the parties to a long and invloved contract aree to meet to get to know one in advance.


Settlement Week- during settlement week, a courts docet is cleared of all buiness exept for settlement hearings.


Negotiated Rule Making- during rule making, an that is about to create a new rule or revise existing rules meet s with the parties who will be affected by the new rules. the paties then write the new rules together.


Science Court- the science court acts as a forum for disputes invloving scientific and technolical controversies. these disputes involve matters such as genetic engineering, nuclear energy reasearch, and so on.

Pleadings

Formal papers that express the plantiff's allegations or claims, in the form of a complaint.
Fiiif Chappelle Show - Fifth Amedment

Pretrial Hearing

This hearing is an informal meeting before a judge, held before the actual trial takes place

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The Litigation Process

Criminal Trial Procedure

The law requires immediate court hearing to protect the defendant's rights.
Typical Criminal Trial Procedures

Arrest of the Defendant

An arrest occurs when a person is deprived of his or her freedom. A police officer may arrest a person at any time if the officer has a warrant. Arrested people must be read their Miranda Rights .
21 Jump Street - Channing Tatum Miranda rights scene

The Arraignment

The suspect is brought before the court as soon as possible after an arrest, informed of the nature of the complaint, and made aware of his or her rights.

The Trial

If the defendants request a jury trial, selection of jurors proceeds and attorneys make opening statements and introduce evidence.

Sentencing

After a person has been convicted of a crime, he or she is sentenced by the court, which means the judge decides the punishment.
What Is a Sentencing Hearing ?

Dispositon of Juvenile Cases

Cases involving juvenile offenders are handled by the juvenile court, which has limited jurisdiction.