Civil Vs. Criminal People vs People Tort/lawsuit No punishment Restitution vs retribution Settle disputes State or federal vs person Criminal Case Retribution instead of restitution To deter society from doing illegal things

Civil vs Criminal Steps before a trial Complaint and set court date Disclosure Trial Arrest Booking Arraignment Guilty Not Guilty No Lo Contendere Preliminary Trials 1Grand Jury 2 Bail Hearing 3 Evidence Hearing 4 Venue Hearing

Civil vs Criminal Ending the case Before decision Settlement at any time A settlement is a compromise between the plaintiff and the defendant. The plaintiff will pay some amount. These settlements are usually private and no one knows the details Plea Bargain A plea Bargain is when a defendant agrees to say he is guilty for a lesser sentence or a reduced charge. Why does the prosecution agree? Less sentences reduce our over crowded prisons.

Pre-Trial: The Jury Jury Selection- Seating the jury Voir Dire- Each lawyer gets to examine each juror to find out if the juror would be good for the case. Removal for cause- The juror can not be impartial in the case Peremptory Challenges- The lawyer excludes this person form the case.

Jury Requirements- North Carolina To be eligible to serve as a juror in North Carolina, a person must be a citizen of the state and a resident of the county, and have not served as a juror in the past two years. Jurors must be 18 years of age, or older, and there is no maximum age limit. They must be mentally and physically competent, be able to understand English, and not have been convicted of a felony, unless their citizenship rights have been restored.

Civil vs. Criminal Trial Plaintiff Opening Defense Opening Plaintiff Witnesses Defense Witnesses Plaintiff Closing Defense Closing Prosecution Opening Defense Opening Prosecution Witnesses Defense Witnesses Prosecution Closing Defense Closing

Civil vs. Criminal End of Trial: Decisions Burden of proof- Preponderance of Evidence- Jury must weigh the evidence and decide which side won. Defense must also prove innocence For the plaintiff Against the plaintiff Beyond a reasonable doubt- They must be 100% sure the defendant did it to find a guilty verdict. Burden is on Pros. Innocent until proven guilty Acquitted Guilty Mistrial Hung Jury

Civil vs Criminal Restitution Retribution Damages- Money claimed by, or ordered to be paid, to a person as a compensation for loss or injury. Actual Damages/Compensatory damages- Damages sufficient in amount to indemnify the injured person for the loss suffered. We Will list

Damages Continued Pain and Suffering Punitive Damages- Damages awarded in addition to actual damages when the defendant acted in recklessness, malice or deceit. Pain and Suffering

Pretrial Motions Formal Request What are the different types of motions a lawyer or the district attorney may make? 1. Discovery of Evidence 2. Motion for Continuance 3. Change of Venue 4. Suppression of Evidence

Crimes Vandalism- Willful or ignorant destruction of property Larceny- The unlawful taking a carrying away of someone’s personal property with the intent to deprive owners possession petty larceny – Under $250 Grand larceny- Over 250

Crimes Robbery- The illegal taking of property in the presence of a person by violence or intimidation Burglary- B and E another’s dwelling with the intent to commit a felony

Murder Intent- A person must intentionally do the crime when the action takes place Malice- Anger ( motive can replace malice) Deliberation- A person must weigh between the action and the consequences Premeditation- Planning

Crimes 1st degree Murder: premeditation, deliberation, intent and malice 2nd degree murder: deliberation, intent and malice 3rd degree murder: Murder while committing a felony ( no intent ) voluntary manslaughter: intent and malice

Crimes Involuntary Manslaughter: Malice