Trial Procedures
Civil & Criminal
Civil Trial Procedure
Individuals who believe they have been injured initiate the civil cases.
Brown vs. Board of Education
Alternative Dispute Resolution (ADR)
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
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
Pretrial Hearing
This hearing is an informal meeting before a judge, held before the actual trial takes place
The Litigation Process
1.) Avoiding Litigation
2.)Commencing an Action
3.) Preparing for Trial
4.) Trying the Case
5.) Executing a Judgement
The Process
Criminal Trial Procedure
Arrest of the Defendant
The Arraignment
The Trial
Sentencing
Fines
Prison
Death Penalty
The death penalty law requires three phases,
1.) The jury determines whether the defendant is guilty.
2.) The judge or jury listens to attorneys' arguments and determines the punishment under state laws that clearly set forth factors to be considered in a presentencing hearing.
3.) An appeal is taken to the state's highest court.