1. Bellwork
Why do we need both a criminal and civil court system?

2. Court Procedure

3. The Adversarial Nature of the Judicial Process
Learning Targets:
1. What does the adversarial nature mean?
2. Name and describe criminal proceedings
3. Where is the adversarial nature best seen?
4. What opinions can an appeals court judge issue?
The Adversarial Nature of the Judicial Process
Batman vs. The Joker
Lex Luthor vs. Superman
All Picture Citations Found on Slides 16, 17, and 18 ; Prepared under fair use exemption of the U.S. Copyright Law and are restricted from further use.

4. Adversarial Judicial Process
Criminal Case: law is broken
Prosecutor (attorney representing government) vs. Defense Attorney (Public Defender-represent those who can’t afford attorney)
Civil Case: person(s) sue person(s)
Plaintiff (person accusing) vs. Defendant (person accused)
Prosecutor vs. Defense Attorney
Plaintiff’s Lawyer vs. Defendant’s Lawyer

5. Criminal Court Procedure
1. Crime/Arrest
2. Court Appearance
3. Preliminary/Grand Jury Hearing
4. Arraignment
5. Trial/Verdict
6. Sentencing

6. Criminal Proceedings 1. Misdemeanor: small crime (DUI, speeding)
Felony: serious crime (assault, selling drugs)
Capital Offense: murder = execution
Officer must have: 1.) arrest warrant: legal document or 2.) probable cause: sufficient evidence crime has been committed

7. Arrest Warrant

8. 5.3 Criminal Proceedings 2. Bail: money to get out of jail
3. Complaint/Preliminary Hearing: charges filed w/ court by prosecutor
Grand Jury: special jury decides if trial is needed; issues indictment
Indictment: formal charge of felony
4. Arraignment: suspect officially informed of charges
Chris Brown at his arraignment
Who sets bail?

9. 5.3 Indictment

10. 5.3 Criminal Proceedings 4. Plea: guilty, not guilty, no contest
Plea Bargaining: deal w/ Prosecutor for lighter sentence; done if defendant will be found guilty to save time and money
5. Prosecutor: represents State or USA
Defense Attorney/Public Defender

11. 5.3 Criminal Proceedings
5. Subpoena: order to appear in court (witnesses)
Cross Examination: Prosecutor/Defense Attorney question witness to create doubt
*This is where adversarial nature is best seen? ? ?
Defense Attorney
Prosecutor

12. 5.3 Subpoena

13. 5.3 Criminal Proceedings
6. Verdict: guilty or not guilty; decided by Jury
Petit Jury: trial jury; made of unbiased citizens
Hung Jury: can’t agree; mistrial
Sentence: Punishment; issued by Judge
Bailiff: court’s law enforcement; trained by Sheriff

14. 5.3 Civil Court Procedure 1. Complaint -filed by Plaintiff 2. Summons
-defendant must appear
3. Defendant’s Answer
4. Discovery
-Parties gather/exchange information
5. Trial
-Parties present cases
6. Remedy
-Judge/Jury gives verdict

15. 5.3 Civil Proceedings Civil cases are also called Torts
Plaintiff: brings up lawsuit
Class Action Suit: against group of people
Summons: requires a defendant to come court
Settlement: resolving a case w/o going to court
Civil Cases are disputes between people

16. 5.3 Appeals Proceeding
Appeal: request for higher court to review lower courts decision
Writ of Certiorari: power of higher court to request a review of lower court’s decision
NC Supreme Court
NC Appeals Court
NC Superior Court
NC District Court

17. 5.3 Appeals Proceeding Majority Opinion: Appeal Court’s decision
Concurring Opinion: Appeal’s Judge agrees with the court’s decision but for different reason
Dissenting Opinion: Appeal’s Judge disagrees w/ court’s decision

18. Sources
Search Engines Used: Google Images, Bing Images, Wikipedia, WikiCommons. Slide 1 Batman and Joker: Clark and Lex: Slide 2 Female Prosecutor : Defense Attorney: Plaintiff’s lawyer: Civil Defense Lawyer : Slide 4 Property Crime: Crime Cuffs: Crime: Crime scene:

19. Sources
Search Engines Used: Google Images, Bing Images, Wikipedia, WikiCommons. Slide 5 Arrest Warrant: MJ Arrest Warrant: Slide 6 Nosey Judge: Grand Jury: Chris Brown: Slide 7 Indictment: Slide 8 Plea Bargaining: Female Prosecutor : Public Defender: Slide 9 Witness: Defense Attorney:

20. Sources
Search Engines Used: Google Images, Bing Images, Wikipedia, WikiCommons. Slide 10 Subpoena: Slide 11 Justice-Scales: Hung Jury: Slide 13 Rocky-Apollo: Money: Slide 15 Nosey Judge: