Chapter
2
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Section 2.2
Trial Procedures
Section 2.2 Trial Procedures
What You’ll Learn
How to seek alternatives to litigation (p.
34)
How to differentiate between civil and
criminal cases (p. 34)
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
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)
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
What You’ll Learn
How to explain the steps in a criminal
prosecution (p. 43-47)
How to apply court procedures to juvenile
cases (p. 47)
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Why It’s Important
Learning the alternative to litigation will help
you handle disputes that arise.
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Legal Terms
alternative dispute resolution (p. 34)
complaint (p. 36)
answer (p. 36)
verdict (p. 41)
judgment (p. 41)
specific performance (p. 41)
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Legal Terms
injunction (p. 41)
arrest (p. 43)
bail (p. 43)
indictment (p. 45)
arraignment (p. 45)
detention hearing (p. 47)
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section Outline
Civil Trial Procedure
Alternative Dispute Resolution
Pleadings
Pretrial Hearing
Steps in a Jury Trial
Remedies
Execution of Judgment
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section Outline
Criminal Trial Procedure
Arrest of the Defendant
The Arraignment
The Trial
Sentencing
Disposition of Juvenile Cases
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Pre-Learning Question
What is the difference between a civil
and criminal trial?
Understanding Business and Personal Law
The Court System
Section 2.2 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
The Court System
Section 2.2 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
The Court System
Section 2.2 Trial Procedures
Alternative Dispute Resolution
occurs when parties try to resolve
disagreements by using creative
settlement techniques
can be classified as reactive
methods and proactive methods.
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Pleadings
Civil trials begin with pleadings, the
formal papers filed with the court by
the plaintiff and defendant.
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
Steps in a Jury Trial
selecting the jury
opening statements
introduction of evidence
closing arguments
instructions to the jury
verdict and judgment
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
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 weapons
witness testimony
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
Instructions to the Jury
The judge must explain the law to the
jury in a process called jury
instruction.
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
Remedies
Generally there are two categories of
remedies:
the payment of damages, or
an equitable remedy, which asks the
court to do what is fair and just
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
What is the purpose of a pretrial
hearing?
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
ANSWER
It is intended to simplify the issues
and discuss matter that might help
dispose of the case.
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Pre-Learning Question
How do you think a criminal trial
proceeds?
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Criminal Trial Procedure
The criminal trial procedure follows
these steps:
arrest of the defendant
the arraignment
the trial
sentencing
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
Rights of the Defendant
to talk to an attorney and have an
attorney present during questioning
to have a fair trial
to be presumed innocent until
proven guilty
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
The Trial
If the defendant requests a jury trial:
jurors are selected
attorneys make opening
statements, introduce evidence
attorneys make closing statements
jury receives instructions,
announces decision
if guilty, judge imposes sentence
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
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
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Reviewing What You Learned
1. What are some alternatives to
litigation?
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Reviewing What You Learned
Answer
Alternative dispute resolution (ADR)—
reactive and proactive methods.
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Reviewing What You Learned
2. What is the difference between a
civil case and a criminal case?
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Reviewing What You Learned
Answer
Criminal: brought by government for
offenses committed against public at large.
Civil: brought by individuals who believe
they have been injured by another party.
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Reviewing What You Learned
3. What are the steps in a civil
lawsuit?
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Reviewing What You Learned
Answer
attorney investigates the case
possible alternatives to litigation explored
pleadings
pretrial hearing
jury selection
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Reviewing What You Learned
Answer
opening statements
evidence introduced
closing arguments
instructions to the jury
verdict and judgement given
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Reviewing What You Learned
4. How can people exercise their
rights when they are arrested?
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Reviewing What You Learned
Answer
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.
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Reviewing What You Learned
5. What are the steps in a criminal
prosecution?
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Reviewing What You Learned
Answer
arrest of the defendant
grand jury hands down an indictment
suspect is arraigned
trial opens with jury selection if requested
opening statements are made
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Reviewing What You Learned
Answer
evidence is introduced
closing statements are made
instructions are given to the jury
jury announces decision
if guilty, the judge imposes a sentence
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Reviewing What You Learned
6. How do the courts treat juvenile
cases?
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Reviewing What You Learned
Answer
Handled by juvenile court starting with a
detention hearing. If the charges are not
dismissed at this time, judge conducts an
adjudicatory hearing.
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Critical Thinking Activity
Ethics and the Law
Why is it important to know your
Constitutional rights when you are
arrested?
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Critical Thinking Activity Answer
Ethics and the Law
Answers may vary but should suggest that
in order to exercise your rights, you should
know what they are.
Understanding Business and Personal Law
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Legal Skills in Action
Treating 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
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Legal Skills in Action
Treating 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
The Court System
Section 2.2 Trial Procedures
Section 2.2 Assessment
Legal Skills in Action Answer
Treating Minors as Adults
Debates will vary but should show both
sides of the argument.
Understanding Business and Personal Law
The Court System
Chapter
2
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End of Section 2.2
Trial Procedures