Chapter Introduction
Section 1: Civil Cases
Section 2: Criminal Cases
Section 3: Young People
and the Courts
Visual Summary
When is a legal issue a
criminal problem, and when
is it a civil problem? Civil law
concerns disputes between
two or more individuals or
between individuals and the
government. In criminal law,
by contrast, the government
charges someone with a
crime and is always the
prosecutor.
Section 1:
Civil Cases
The judicial branch of
government is charged
with interpreting the law.
America’s courts decide
thousands of civil cases each
year.
Section 2:
Criminal Cases
The Constitution of the
United States establishes
and protects the individual’s
fundamental rights and
liberties. Thousands of
criminal cases each year help
define Americans’ rights and
enforce law and order.
Section 3:
Young People and the
Courts
The Constitution of the
United States establishes
and protects the
individual’s fundamental
rights and liberties. A
separate legal system, the
juvenile justice system,
handles the cases of young
people in trouble with the law.
Guide to Reading
Big Idea
The judicial branch of government is
charged with interpreting the law.
Guide to Reading
Content Vocabulary
• complaint
• discovery
• summons
• settlement
Academic Vocabulary
• file
• retain
• respond
Do you agree that settling a civil
lawsuit out of court is a better course
of action than going to trial?
A. Agree
B. Disagree
A. A
B. B
0%
A
0%
B
Civil Lawsuits
Civil lawsuits may involve property
disputes, a breach of contract, family
matters, or personal injury.
Civil Lawsuits (cont.)
• In a civil case, a plaintiff brings a lawsuit
against a defendant.
• The plaintiff:
– Claims to have suffered loss
– Usually seeks damages
Civil Lawsuits (cont.)
• The defendant:
– Argues the loss did not occur
– Argues the defendant is not responsible
Civil Lawsuits (cont.)
• Civil lawsuits may involve:
– Property disputes
– Breaches of contracts
– Family matters involving two or more
parties
Civil Lawsuits (cont.)
• Negligence or personal injury
• Negligence suit filed when:
– Someone injured or killed
– Property destroyed
Do you think a person should file a
civil lawsuit against a neighbor for
playing loud music late at night?
A. Yes
B. No
A. A
B. B
0%
B
A
0%
The Process in a Civil Case
Civil lawsuits follow a specified legal
procedure.
The Process in a Civil Case (cont.)
• There are specific legal procedures that
civil lawsuits follow.
• Plaintiff retains a lawyer, who files a
complaint with the court
Civil Cases
The Process in a Civil Case (cont.)
• Defendant:
– Receives a summons
– May file an “answer” to complaint
• Complaint and answer referred to as
pleadings
Civil Cases
The Process in a Civil Case (cont.)
• The process of discovery to check facts
and gather evidence
• Pretrial hearing:
– Helps to explain differences between
two sides
– Plaintiff may decide to drop case
– Defendant may offer settlement
Civil Cases
The Process in a Civil Case (cont.)
• Mediation and arbitration are ways to
resolve disputes.
• Most civil cases settled before trial
because of time and money.
Civil Cases
The Process in a Civil Case (cont.)
• Trial:
– Jury or judge may hear case
– Plaintiff has to present a “preponderance
of evidence”
– Remedy set if plaintiff wins
– Plaintiff gets nothing and must
pay court costs if defendant wins
Civil Cases
The Process in a Civil Case (cont.)
• Appeal:
– Losing side may appeal to a higher court
– Defendant or defendant’s insurance
company may appeal to reduce awards
Civil Cases
Which do you think is probably the most
effective way of resolving a civil dispute?
A. Settlement
B. Mediation
C. Arbitration
D. Trial
0%
A
A.
B.
C.
0%
D.
B
A
B
C
0%
D
C
0%
D
Guide to Reading
Big Idea
The Constitution of the United
States establishes and protects the
individual’s fundamental rights and
liberties.
Guide to Reading
Content Vocabulary
• prosecution
• arraignment
• crime
• testimony
• penal code
• cross-examine
• parole
• acquittal
• mandatory
sentencing
• hung jury
Guide to Reading
Academic Vocabulary
• function
• confine
• sufficient
Do you think that criminal penalties
help prevent crimes?
A. Yes
B. No
A. A
B. B
0%
A
0%
B
What Is a Criminal Case?
In criminal cases, defendants are
charged with crimes, and if convicted,
they are sentenced as punishment.
What Is a Criminal Case? (cont.)
• In a criminal case, the state or federal
government charges someone with a crime.
• Government is the prosecution in a
criminal case.
What Is a Criminal Case? (cont.)
• Crime is an act that:
– Breaks a federal or state criminal law
– Causes harm to people or society
U.S. Regional Crime Rates in 2004
What Is a Criminal Case? (cont.)
• Criminal justice system includes courts,
police and prisons.
• A separate juvenile justice system
What Is a Criminal Case? (cont.)
• Penal code:
– Written criminal laws in each state
– Federal penal code defines federal
crimes
– Spells out the punishments that go with
each crime
What Is a Criminal Case? (cont.)
• People convicted of misdemeanors:
– May be fined
– May be sentenced to one year or less
in jail
What Is a Criminal Case? (cont.)
• People convicted of felonies:
– May be imprisoned for a year or more
– May be punished by death in the case of
murder
– May lose certain civil rights
– May lose employment opportunities in
some careers
What Is a Criminal Case? (cont.)
• Misdemeanors sometimes treated as
felonies
– Example: drunk driving repeat offense
What Is a Criminal Case? (cont.)
• Criminal penalties:
– Provide punishment so that a criminal
pays for offense
– Protect society by confining dangerous
lawbreakers in prison
– Can serve as warnings to deter other
people
– Can help prepare lawbreakers to reenter
society after prison terms
What Is a Criminal Case? (cont.)
• Determining the sentence:
– System of indeterminate sentences used
in the past
– Some prisoners eligible for parole
– Mandatory sentencing imposing
whatever sentence the law directs
What Is a Criminal Case? (cont.)
• Many states giving judges more
sentencing options:
– Shock incarceration
– Intensive-supervision probation or parole
– House arrest
Do you agree that all judges should be
required to impose mandatory sentencing?
A. Yes
B. No
A. A
B. B
0%
B
A
0%
Criminal Case Procedure
Criminal cases follow several steps,
including arrest, hearing, indictment,
arraignment, verdict, sentencing, and
appeal.
Criminal Case Procedure (cont.)
• Criminal cases follow several steps.
• Defendants entitled to the protections of
due process
Criminal Cases
Criminal Case Procedure (cont.)
• Arrest begins a criminal case
• Officers make an arrest when:
– They have witnessed suspected crime
– A citizen has made complaint or report
of a crime
– A judge has issued arrest warrant
Criminal Cases
Criminal Case Procedure (cont.)
• The booking process:
– Police fingerprint and photograph
suspect
– Suspect allowed to call a lawyer
– State provides lawyer if the suspect
cannot afford lawyer
Criminal Cases
Criminal Case Procedure (cont.)
• A few hours after being booked:
– Suspect informed of charges
– Prosecution must show probable cause
for believing the accused committed the
crime
– Judge either sends accused back to jail,
sets bail, or releases the accused
Criminal Cases
Criminal Case Procedure (cont.)
• Preliminary hearings and grand jury decide
indictments
• “Information” claims sufficient evidence to
bring accused to trial
Criminal Cases
Criminal Case Procedure (cont.)
• Arraignment:
– Defendant formally presented with
charges and enters a plea
– If defendant pleads not guilty, case
continues
Criminal Cases
Criminal Case Procedure (cont.)
– If defendant pleads guilty, he or she is
convicted and punishment is determined.
– If defendant pleads no contest, effect is
much the same as guilty plea
Criminal Cases
Criminal Case Procedure (cont.)
• Trial procedure:
– Defense lawyer interviews witnesses,
studies laws affecting the case, and
gathers information.
– Defendants have right to a jury trial,
although many choose a bench trial.
– Selection of potential jurors
Criminal Cases
Criminal Case Procedure (cont.)
– Opening statements outlining the case
– Prosecution and defense present cases
• Calling witnesses who give testimony
• Cross-examine witnesses
Criminal Cases
Criminal Case Procedure (cont.)
– Closing statements highlighting
testimony
– Judge explains law relating to case to
the jury
Criminal Cases
Criminal Case Procedure (cont.)
• Reaching a verdict:
– Jury chooses foreperson to lead
discussion
– Reviews evidence and arguments
– Deliberates secretly and without time limit
– Votes whether defendant is
guilty or not guilty
Criminal Cases
Criminal Case Procedure (cont.)
– To reach guilty verdict, evidence must
convince “beyond a reasonable doubt”
– Verdict must be unanimous in most
criminal cases
– Acquittal is a vote of not guilty
– Hung jury is a jury that cannot agree on
a verdict
Criminal Cases
Criminal Case Procedure (cont.)
• Jury or judge decides on sentence, which
often specifies period of prison time
• Defendant can appeal guilty verdict
Criminal Cases
Do you think the procedure for
criminal cases is fair to defendants?
A. Yes
B. No
A. A
B. B
0%
A
0%
B
Guide to Reading
Big Idea
The Constitution of the United States
establishes and protects the
individual’s fundamental rights and
liberties.
Guide to Reading
Content Vocabulary
• juvenile
• rehabilitation
• juvenile
delinquent
Academic Vocabulary
• emphasis
• preliminary
• equivalent
Do you agree that there should be a
separate justice system for juveniles?
A. Agree
B. Disagree
A. A
B. B
0%
A
0%
B
Causes of Juvenile Delinquency
All states and the federal government
have a separate justice system for
young people.
Causes of Juvenile Delinquency (cont.)
• In most states, anyone under the age is 18
is considered a juvenile.
• Juvenile delinquents are young people
who commit crimes
• Juvenile delinquents treated somewhat
differently from adults who commit crimes
Causes of Juvenile Delinquency (cont.)
• Factors that can contribute to juvenile
delinquency:
– Abuse or neglect
– Emotional or mental problems
– Poverty
Which do you think contributes the most
to juvenile delinquency?
A. Abuse or neglect
B. Emotional or mental
problems
C. Poverty
D. Wealth
0%
A
A.
B.
C.
0%
D.
B
A
B
C
0%
D
C
0%
D
The Juvenile Justice System
The juvenile justice system is similar to
the adult system, with some important
differences.
The Juvenile Justice System (cont.)
• Juvenile courts try to rehabilitate
juveniles, rather than punish them.
• Two types of cases handled by juvenile
courts:
– Neglect, which involves caregivers
neglecting or abusing juveniles
– Delinquency, which involves juveniles
committing crimes
The Juvenile Justice System (cont.)
• Police officers handling juvenile cases
• Special programs for juveniles:
– Counseling
– Job training
– Drug-treatment
The Juvenile Justice System (cont.)
• Trials for juveniles:
– Preliminary hearings
– Juveniles not entitled to a jury trial
– Juvenile cases normally closed to the
public
– Juvenile offenders’ identities and
criminal records kept secret
– If found guilty court holds sentencing
The Juvenile Justice System (cont.)
• Sentencing for juveniles:
– Court holds hearing that is the same as
sentencing
– Some offenders sent home with a stern
lecture
– Some offenders with previous history of
delinquency placed in special training
schools, reformatories, treatment
centers, or teen shelters
The Juvenile Justice System (cont.)
• Successful probation leading to dropped
charges and removal of charges from
record
• Neglected juveniles can become wards of
the court
• Rules for juvenile criminal cases
established by the Supreme Court
• Juveniles generally have same or similar
rights as adults
Do you think special programs
are effective in rehabilitating
juvenile delinquents?
A. Yes
B. No
A. A
B. B
0%
A
0%
B
Civil Law
• Civil law includes disputes
over rights, property, and
agreements.
• In a civil lawsuit, the plaintiff
files a complaint against the
defendant, and the defendant
responds.
• The legal system has
established a procedure that
everyone must follow to
settle civil disputes.
Criminal Law
• In criminal law cases,
the government charges
someone with a crime.
• A crime is an act that
breaks a federal or state
criminal law and causes
harm to people or
society in general.
• Criminal cases are
divided into two main
groups—felonies and
misdemeanors.
Juveniles and the Court System
• When a juvenile is arrested, the police must
notify his or her parents or caregivers.
• A preliminary hearing is held, followed by a
court appearance.
• At sentencing, juveniles
may be sent home, put
on probation, made a
ward of the court, or
sent to a reformatory.
Juveniles and the Court System (cont.)
• There is no jury in juvenile court cases.
• The primary goal of juvenile courts is to
try to rehabilitate, or correct the behavior
of, offenders.
complaint
a formal notice that a lawsuit is being
brought
summons
a notice directing someone to appear
in court to answer a complaint or a
charge
discovery
process by which attorneys have
opportunity to check facts and gather
evidence
settlement
in a legal case, the amount of money
the defendant agrees to pay the
plaintiff
file
to submit or register
retain
to keep or to hold secure
respond
to answer or react
prosecution
party who starts the legal proceedings
against another party for a violation of
the law
crime
an act that breaks a law and causes
harm to people or society in general
penal code
a state’s written criminal laws
parole
to grant a prisoner an early release
from prison, with certain restrictions
mandatory sentencing
punishment that judges must impose
according to what the law directs
arraignment
a hearing in which a suspect is
charged and pleads guilty or not
guilty
testimony
the statement a witness makes under
oath
cross-examine
to question a witness at a trial or a
hearing to check or discredit the
testimony
acquittal
a vote of not guilty
hung jury
a jury that cannot agree on a verdict
function
to serve a purpose
confine
to restrict or imprison
sufficient
to be adequate for a purpose
juvenile
a person not yet legally an adult
juvenile delinquent
a child or teenager who commits a
serious crime or repeatedly breaks
the law
rehabilitate
to correct a person’s behavior
emphasis
placing stress or special importance
on something
preliminary
coming before the main part or item
equivalent
alike or equal to in number or
meaning
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