Civil Procedure Vs. Criminal Procedure Essay

Civil Procedure Vs. Criminal Procedure Essay

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Civil Procedure VS. Criminal Procedure: The Breakdown

The Civil procedure begins when a person, or persons, feels like they were wronged by another person and seeks an attorney in hopes to resolve the underlying issues between them. This is not the case for criminal procedures. In civil procedures, the attorney and the staff would interview witnesses, perform legal research and then decide if the client has a legitimate reason for litigation. If the attorney does decide that the client has a legitimate cause for action, the attorney and client will then begin the attorney-client relationship starting with a retainer agreement. The types of retainer agreements can vary depending on what type of case the attorney is litigating. The type of pay could be hourly, or there could be a contingent fee agreement. For example, if the client has a divorce case, the attorney may ask to be paid hourly. If the client has a tort case, the attorney may require a contingent fee agreement. Once the agreement is made, the plaintiff notifies the defendant through a demand letter prepared by the attorney. The letter details any damages or sufferings the plaintiff endured due to the defendants negligence or other wrong doings. It usually includes a certain time that the defendant has to answer the allegations made against them by the plaintiff. After this, both the plaintiff and defendant prepare for trial. Both parties will attempt to gather as much information as possible for the case. Before the plaintiff can initiate litigation, the attorney must choose the proper court to file the case at. In order to do this, the correct jurisdiction has to be established first. Jurisdiction has to do with the type of case a court can handle. Not all courts can ...

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...lace, the opening statements are given. Each party gives their statement, then the prosecution presents its “case-in-chief”. This is presented through witness testimony. If the prosecution has failed to provide sufficient proof of the charges, the defendant may move for acquittal or dismissal of charges. If not, the defendant testifies their case. Both parties make their closing arguments, and the jury then goes for deliberation where they will reach a verdict. If the defendant is guilty, they become convicted. After the conviction has been recorded and entered, the defendant is sentenced. If the defendant wants an appeal, the case goes to the Appellate courts, and then to the US Supreme court. There are time limits to file an appeal, however if the time limits should expire, there are options for a review of the conviction through the writ of habeas corpus.

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