1. 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

2. 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

3. 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.

4. Pre-Trial: The Jury Jury Selection- Seating the jury
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.

5. 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

6. 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
Burden of proof= Beyond a reasonable doubt- They must be 100% sure the defendant did it to find a guilty verdict.
Burden is on Prosecution because one is innocent until proven guilty
Acquitted
Guilty
Mistrial
Hung Jury

7. 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

8. Murder
1st degree Murder: premeditation, deliberation, intent and malice
2nd degree murder: deliberation, intent and malice
voluntary manslaughter: intent and malice
*In NC, the punishment for someone convicted of 1st degree murder is always:
1. Life in prison or
2. Death penalty