1. Chapter 4 Review

2. TEST NEXT CLASS PERIOD Make sure you study the 7 Steps in a civil case and the 9 steps in a criminal/jury trial.

3. What is an arbitrator?  Decision is legally binding  Independent 3 rd party-holds informal hearing to hear case.

4. What is a mediator?  Cheapest way of settling a dispute  Not binding in court  3 rd party mediator

5. What is litigation?  Most expense way to settle a dispute.  Going to court

6. What happens in appellate courts?  Review case to see  Errors of Law  Errors of Fact  Do NOT hear witnesses

7. Juvenile Courts are designed to……  Provide Guidance and Rehabilitation  Protect minors from own immaturity

8. US Constitution has jurisdiction over?  Federal Constitutional Law

9. 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.

10. Small Claims Court  Civil Cases for small amounts up to $3,000

11. 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

12. 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.

13. 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

14. Civil Case vs. Criminal Case Civil  Private wrong between people  Preponderance of the Evidence or majority of jurors  May be forced to testify  No right to an attorney  Only money damages, injunction or decree of specific performance. Criminal  Wrong against society as a whole  Beyond a reasonable doubt  Right to attorney  Not testify against themselves  Money and/or Jail Time