Differences Between Civil And Criminal Litigation

The criminal justice system ensures the safety and protection of society from criminal offenders. The process of the criminal justice system begins when a criminal offense is reported to law enforcement officials. If required, an investigation begins, leading to a warrant and arrest. Following the arrest, bail is set and a preliminary hearing is scheduled. If the defendant is indicted, a trial date is set. Providing the defendant does not waive the right to a jury trial, a

The suspect usually receives bail, but in this case I believe that an arraignment will come first due to the legal status of the defendant.

Civil law is a system of law conerned with private relations between members of a community rather than criminal, military, or religious ethics. Criminal law is a system of law concerned with the punishment of those who committed the crimes. I believe in the Good Samaritan Case it is both a criminal and civil case. The case is criminal and civil case. The case is criminal because Broitzman and Larson where both charged for the crimes they committed. This case is also a civil law case because being a nursing home the actions of the girls charged also effected the community in more than just a criminal way. The

The next step in the system is initial appearance. Here they are given formal notice of the charges against them and advised of their rights.(Bohm & Haley, 2008, p. 13) The movie included this in their depiction of the criminal justice system. In the movie they called it the arraignment. The arraignment is where the defendant either pleads guilty or not guilty. During this stage the bail is also set which was also done in the movie. In the movie the set the preliminary hearing for the next morning in which the witnesses testified to what they saw and heard. This allows the judge to decide if there is probable cause to make and indictment. Based upon the information we have learned it seems that the arraignment should have happened after the preliminary hearing and that the

The defense and prosecuting attorneys question the defendant to learn the circumstances of the offense. After carefully listening to the facts,

The court is the second component of the justice system – once the suspect is arrested, s/he is referred to as a defendant. It is now up to the court to decide if the police had enough evidence for probable cause for arrest – if the determination is positive, then the defendant gets an opportunity to plead innocent or guilty. Once the court establishes that the defendant is innocent, s/he is released; on the other hand if the defendant is found guilty the court decides the type of punishment and then the defendant is turned over to the Corrections for the follow up of the punishment.

A Civil court is as the name implies a court system based on disputes between average citizens which are far different from a criminal court where you are dealing with convicts. Just like a criminal court, a civil court also has a set of procedures listed by the judicial system in 1937 with over 86 different rules. Civil cases usually involve disputes between people or organizations. The court case Fenton v. Dudley in 2014. Fenton V. Dudley is “A lawsuit against lawyers who had filed a Fair Housing Act lawsuit against the plaintiff, which is the person who filed the lawsuit, and it later made its way from federal court to state court” (“Civil Rights -- federal court jurisdiction”). Both Civil and Criminal court both have the privilege of a trial by jury, depending on the circumstance.

Once arresting, officers must inform “the accused” that he has the right to remain silent, anything he says can and will be used against him in the court of law. He has the right to an attorney or have an appointed attorney if she cannot pay for one; and have an attorney present during questioning. If he wants to assert these rights, he must affirmatively say so. The process of reading the defendant his rights should take no more than five minutes. Within forty-eight after an arrest, he must be taken before a judge. The judge must inform the accused of the charges against him and whether there is an affidavit supporting the charges. The judge also must inform the defendant of his rights as well. The initial appearance before a judge can last anywhere between one to two hours. Next there are time limits on filing charges. If he cannot post bond and remains in jail, the prosecutor must file charger against him by complaint, which can take fifteen to ninety days for any felony. Then the prosecutor must file the charges against him by complaint. If he is not in jail, then the prosecutor

this is situations when people start to become aware or their own legal rights and looking to seek compensation. an individual will bring the case forward against another person (defendant) to claim any damages that have been caused.

An example of criminal law is OJ Simpson being charged with the murder of his ex-wife. For the same alleged crime, OJ Simpson was taken to civil court by his ex-wife’s family and they sued him for the damages they incurred because of her death.

The first process would be an arrest, Miranda rights and booking. All perpetrators are considered suspects. The suspect is arrested by warrant when probable cause is present. When the suspect is placed under arrest they are read their Miranda rights. After the accused is taken into custody they are booked into jail. The defendant must appear before a judge within 48 hours of arrest unless it transpired on a weekend. (“Arrest, Jail,

A: In a criminal case, an individual is charged with breaking a particular law, such as robbery, and he/she usually serves prison time as a punishment. Sometimes, criminal cases elicit fines. In a civil case, it is often about a dispute between two parties over claims, contracts, or licenses and it usually leads to monetary awards for one side.

If the grand jury (group of citizens) decides there is probable cause to believe a crime has been committed, they issue an indictment whose individual is notified and must appear in superior court on the arraignment date, the first court date.

A criminal case may begins when a legal representative for the federal government, the U.S. attorney or an assistant U.S. attorney, convenes a federal grand jury and presents it with evidence or information that indicates that a specific person committed a crime. Only crimes that engage federal laws are tried in federal court, such as bank robberies, serious drug law violations, securities law cases, or damage to federal property. If the grand jury believes there is enough evidence to show that the person in all probability committed the crime, it issues an indictment. Following the indictment, the court may summon the accused to appear in court, or it may authorize a U.S. marshal or federal peace officer to arrest the defendant. The defendant is brought before either a judge or a magistrate judge, at an indictment and is asked to plead "guilty" or "not guilty." If the defendant pleads "guilty," the judicial police officer will set a time for sentencing. If the defendant pleads "not guilty," the judicial officer will set a date for trial.

There are two major areas of law, civil law and criminal law. As a society, people tend to not pay attention to law unless they are in the middle of an issue. The two areas of law are important to know though, since an issue can occur at any time and it is important to be prepared and have a basic understanding of what is happening and what to do. Many people do not know the distinction between civil law and criminal law, and while the ramifications vary considerably for each, the cases can occur simultaneously, which is why it is important to know the differences and in what scenarios each form is used.