Civil Litigation Procedures And Criminal Litigation

A 27year old African American man pled guilty and was convicted on five counts of common law burglary. He was sentenced to death in accordance with Alabama state law. The prosecution presented the eyewitness accounts of the events and the petitioner did not testify. The defendant did not testify on his behalf, nor did counsel present his case. The judge accepted the guilty plea without any confirmation from the defendant concerning his voluntariness of his guilty plea or its consequences.

The 5th amendment declares No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person

“Criminal procedure is the branch of American constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty” (Zalman, 2008, p. 4). The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendments are significant in studying criminal procedure. In criminal justice, the criminal procedure is important because it deals with the conflict between order and liberty directly. To understand the friction between order and liberty, Herbert Packer studied the competing values that underlie the constitutional order through the Due

Defendants base their Section 2-619 motion to dismiss on Section 2-201 and 2-109 of the Tort Immunity Act, which immunizes public employees from liability where the injury claimed is the result of a "discretionary policy determination."Hascall v. Williams, 2013 IL App (4th) 121131, ¶ 23. A "determination of policy" are those decisions that require the governmental entity or employee to balance competing interests and to make a judgment call as to what solutions will best serve each of those interests. Id. However, although the Defendants may have made a discretionary policy determination, Illinois courts have held that public entities still have a duty to maintain public property in a reasonably safe condition for intended and permitted users.

Felipe was a first grader at Littlewood Elementary School. English is his second language and Portuguese is his primary language. Felipe is fluent in speaking, listening, reading, and writing in the English language.

There are two major factions of the United States court system: civil cases and criminal cases. Both take place in courtrooms all across the country, but there are several differences that separate the two as well as the role of fraud examiner in each proceeding. The major difference of the two in an embezzlement case is:

One way to verify I have litigation skills is to take the Civil Litigation Course. By the time I will be finished with the course, I will also be certified which will show that I have mastered this skill. This will save me time and money since I will be able to kill two birds with one stone. I can get this all done for $480, which is very cheap considering I will also be certified and since the duration of the class is not mentioned, I am assuming it will be for a semester where the class meets once or twice a couple of hours a week.

After an answer has been filed, the parties engage in discovery, which is the exchange of documents and other evidence that may be necessary for trial. This process may take months or a year or longer to complete. Depositions and expert witness reports may also be necessary during discovery.

The preparation phase of the trial can lasts for months - much longer than the trial itself. Preparation includes scheduling witnesses, planning a case strategy, creating presentations, and the filing of various pretrial motions and briefs. The trial proceeds from there with examination and cross-examination of witnesses and the presentation of evidence to the court. After both sides are heard, after a final argument before the judge or jury, a verdict is reached that is binding on both

The various stages of criminal trials is certain stages of arrest that take place, and develop to an end point of examination. The defendant is held and reasoned by question whether or not there was a crime that has been committed. A trial can be reasoned and argue the case. This is done to have a conviction of the defendant, and to be proven guilty.

Lets’ define the stages for clarity and knowledge. The defendant goes to the court room to stand trial after jury selection and all preliminary proceedings are completed. The proceedings are requested to identify the prosecutor’s evidence to the courts and motions are filed and then the trial begins. The opening statements by the prosecutor are simply outlining the case for the jury and the court. The defense team is not required to make an opening statement in most cases. The prosecutor proceeds to submit evidence and proceed with the questioning of witnesses and as they proceed, they are required to present without a reasonable doubt, all components of the crime.

In the criminal justice process, the first step, the Investigation, is significant as it provides the information of the case as well as the crime supposedly committed by the defendant to both parties; both the prosecutor and defendant must use the information for their benefit such as cross-examination of the evidence. Following the investigation, after studying the information provided by the investigators, the Charging takes place and an indictment on the defendant; “indictment contains the basic information that informs the person of the charges against him/her” (Steps, 2016). This is crucial as the indictment and the decision made by a grand jury will determine if the defendant is rightfully accuse of a certain crime and the court case may continue; this is presented by the prosecution against the defendant. After the Initial Hearing process, the fourth step of the criminal justice that affects these two parties is the Discovery, which entails more information be presented to the prosecution and defense attorney (prosecutor and defendant respectively). According to Neubauer and Fradella (2014), "The term discovery refers to the exchange of information prior to trail." Furthermore, this stage provides a level of direct interaction between prosecutor and defendant as the “prosecutors must also provide the defendant copies of materials and

There are many aspects of the pre-trial process for a criminal case. First step of the process begins with the persons arrest. A suspect is then booked into the system and may be able to post bail. Then comes the arraignment and they maybe a possible plea bargain and then a preliminary hearing if no plea bargain is reached.

a.Ancient Roman Law involved a Criminal vs. Civil System in which involved things we see as hallmarks of our law today, such as fair representation in court, and fair consequences for crimes committed. Criminals were either punished in a court of law, or put to death, much like the death penalty or imprisonment of today.

The regulations that categorically states the series of steps to be followed so as to attain a successful end results as far as the lawsuit is concerned in the enforcement bodies of the United States Judiciary is what is referred to as the Federal Rules of Civil Procedure. The high Court identifies the regulations, in most cases on the conference of a court and judges collectively endorses then the acceptance by the Congress being the last step. Electronically stored information means that piece of information which is produced, interfered with, imparted and kept in the form of discrete numbers rather than a continuous spectrum. Eleven years ago, several reviews of these regulations were conducted. Also, to conform to the conduction of the