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
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.

5. 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.

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. Crimes
Involuntary Manslaughter: Malice