Chapter 4 Review
TEST NEXT CLASS PERIOD
Make sure you study the 7 Steps in a civil case and the 9 steps in a
criminal/jury trial.
What is an arbitrator?

Decision is legally binding

Independent 3rd party-holds informal hearing to hear case.
What is a mediator?

Cheapest way of settling a dispute

Not binding in court

3rd party mediator
What is litigation?

Most expense way to settle a dispute.

Going to court
What happens in appellate courts?

Review case to see

Errors of Law

Errors of Fact

Do NOT hear witnesses
Juvenile Courts are designed to……

Provide Guidance and Rehabilitation

Protect minors from own immaturity
US
Constitution
has
jurisdiction
over?

Federal
Constitutional Law
Criminal Defendants

Can have BOTH jury or judge trials

Cannot be made to testify at own trial

Can have a trial by jury

Have the right to an attorney if cannot
afford one.
Small Claims Court

Civil Cases for small amounts up to $3,000
Criminal Court Procedure

Right to an attorney

Right to Jury

Right to remain silent and not testify against themselves.

Proof “BEYOND A REASONABLE DOUBT”

List 9 Steps on Page 77 in textbook
Civil Court Procedure

List 7 steps on page 73 in textbook

Complaint: states plaintiffs claims, justify relief demanded

Answer: Statement denying or agreeing with complaint FAILURE to answer results in
plaintiff winning automatically.

Deposition: Witnesses or parties questioned under oath by opposing attorneys—Takes
place BEFORE the trial.
Jury Trials

Subpoena: Written order by judge to appear in court and give testimony

No Jury only a Judge. Then the judge decides

Jury Trial---Jury decides (preponderance of the evidence – civil case, beyond a
reasonable doubt – criminal case)

Judge gives instructions to the jury and ALWAYS decides ISSUES OF (THE) LAW

Jury ALWAYS decides ISSUES OF FACT
Civil Case vs. Criminal Case
Civil
Criminal

Private wrong between people

Wrong against society as a whole

Preponderance of the Evidence or majority
of jurors

Beyond a reasonable doubt

Right to attorney

Not testify against themselves

Money and/or Jail Time



May be forced to testify
No right to an attorney
Only money damages, injunction or decree
of specific performance.