In civil court a person or business is responsible for filing against another person due to a dispute between them. This person is known as the plaintiff and the defendant must prove their innocence by "the preponderance of the evidence." Some civil cases that a person can file for are divorce, child support, eviction, debts, or a car accident. The key players in the civil court system are the plaintiff, the defendant, and the judge. The plaintiff is responsible for initiating the lawsuit against the defendant. The defendant is responsible for proving their innocence by "preponderance of the evidence." The judge is responsible in reviewing all evidence and deciding whether the defendant is guilty or not. If the defendant is found guilty the punishment can include fines.
In a trial court for a criminal case it is the responsibility of the prosecution to prove t...
... middle of paper ...
...ome cases which can be heard by a court with general jurisdiction are criminal, civil, assault, murder, and fraud. Only state courts have general jurisdiction since federal courts are limited to laws that pertain to the U.S. Constitution. General jurisdiction courts normally hear cases which deal with more serious crimes and can be a slow process to bring it to trial.
Courts which utilize specific jurisdiction have the authority to hear cases which the defendant has minimum contact with the specific area. The defendant could be a specific person or a business. The defendant does not have to reside in that specific location of the court, as long as they have some kind of contact with the area of the court’s jurisdiction. Specific jurisdiction can also apply if the defendant owns a piece of property where the case is filed, even if he doesn’t reside at that property.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Criminal and Civil court systems A number of differences exist between the criminal and civil court systems. In the criminal court system, the victim reports the crime to law enforcement who may investigate. If adequate evidence is found during investigation and an arrest is made, a prosecutor files charges against the defendant. The criminal court system considers the crime to be committed against the state rather than against the individual victim. In a criminal case, the prosecutor acts as the attorney for all the people of the state or jurisdiction.... [tags: Criminal law, Murder, Law, Legal burden of proof]
1267 words (3.6 pages)
- Bowers v. Hardwick United States Supreme Court Opinion This case, Bowers v. Hardwick, originated when Michael Hardwick was targeted by a policer officer for harassment in Georgia. A houseguest of Hardwick's let the officer into his home, where Hardwick was found engaging in oral sex with his partner, who was another male. Michael Hardwick was arrested and charged of sodomy. After charges were later dropped, Hardwick brought his case to the Supreme Court to have the sodomy law declared unconstitutional.... [tags: Michael Hardwick]
1030 words (2.9 pages)
- 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.... [tags: Jury, Supreme Court of the United States]
978 words (2.8 pages)
- Deadline for Filing a Lawsuit to Recover Compensation for my Injuries If you have been injured through no fault of your own, and the responsible party has not compensated you, you may be eligible to file a lawsuit for those injuries. But, as with most legal issues, there is a limited time frame for beginning a lawsuit. In the state of California, the statute of limitations (deadline) for beginning a legal case for personal injuries is covered by two separate laws: (1) California Code of Civil Procedures, section 335.1 is for non-government claims and must be started within two years; and (2) California Government Code, subsection 911.2 is for claims against any California municipality and... [tags: Law, Civil procedure, Personal injury]
710 words (2 pages)
- 3. A precedent is defined as “a legal norm established in court cases that is then applied to future cases dealing with the same legal questions.” A precedent sets the tone for the cases that follow. It is important that a precedent is strong. A strong precedent allows for the courts to act accordingly and justly towards similar cases (Bianco and Canon, 2015). A jurisdiction is defined as “the sphere of a court’s legal authority to hear and decide cases” (Bianco & Canon, 2015). This is important because people would want to bring a case to the court that would be most suitable to their case.... [tags: Supreme Court of the United States]
1187 words (3.4 pages)
- Hate crimes committed against gays, lesbians, bisexuals, or transgendered individuals constitute the third-highest category of hate crimes reported to the FBI. Earlier studies by the National Gay and Lesbian Task Force Policy Institute, including an analysis of 21 different local surveys between 1980 and 1991, found widespread discrimination across the country against gay men and lesbians. According to the report, as many as 44 percent of respondents in some cities reported employment discrimination as a result of their sexual orientation.... [tags: Homosexuality, LGBT, LGBT social movements]
1433 words (4.1 pages)
- In order to highlight all aspects of People v. Smith, 470 NW2d 70, Michigan Supreme Court (1991) we must first discuss the initial findings of the Michigan Court of Appeals. The Court of Appeals decision was based on the precedence of two similar court cases that created discussion concerning the admission of juvenile records into adult trials. Following the Court of Appeals, the Michigan Supreme Court entered the final decision on Ricky Smith’s motion for resentencing. The Michigan Supreme Court also conducted a thorough examination of People v.... [tags: Supreme Court of the United States, Court]
860 words (2.5 pages)
- The Supreme Court, which sees almost 150 petitions per week, called cert petitions, must carefully select the cases that they want to spend their time and effort on (Savage 981). If they didn’t select them carefully, the nine justices would quickly be overrun, so they have put in place a program to weed through the court cases to pick out the small number they will discuss. There are a few criteria that are used to judge whether or not a case will be tried. The first is whether or not the lower courts decided the case based on another one of the Supreme Court’s decisions for they will investigate these in order to withhold or draw back their conclusion that they made in their court case.... [tags: Supreme Court of the United States]
2261 words (6.5 pages)
- King Lear’s Sins Pale in Comparison to those Committed Against Him King Lear commits several acts that are nearly unforgivable. Not only does he exile a trusted, loyal servant, he also banishes his own daughter. Cordelia, unable and unwilling to submit herself to the ridiculous game of her father, is sent off to France with his curses. His subsequent action - the division of the land between his two ungrateful daughters - is the final act, the final sin, and one that plunges the land into turmoil.... [tags: King Lear essays]
832 words (2.4 pages)
- Youngstown Sheet & Tube Co. vs. Sawyer Also commonly referred to as The Steel Seizure Case, it was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the US Constitution or statutory authority conferred on him by Congress. The Majority decision was that the President had no power to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress.... [tags: Supreme Court Judge Court]
1759 words (5 pages)