During this time, the judge will notify the defendant of their charges, appoint counsel and/or set the bail amount. After this process, the preliminary hearing happens. Prosecution has to prove that there is enough probable cause that the defendant committed the crime they were charged with. Depending on the outcome, an indictment or information may happen. Once this happens there is an arraignment.
Torts vs. Crimes When a wrongful act results in an injury or interferes with someone’s rights the results could become a tort case or a criminal case (LaMance n.d.). Torts can be from a wide variety of legal cases and are brought up in civil courts. A lawsuit is filed and charges are brought up buy the plaintiff or the person or persons who suffered the tortious injury, also known as the victim(s) of the tort. The defendant is the tortfeasor or the accused and if found guilty must cease the violation and pay for damages to the plaintiff.
Any individual who commits a crime puts himself or herself at risk for punishment. Punishment can take several forms: a fine, imprisonment, or other forms of diminishing the criminal’s freedom, including execution in some jurisdictions. Punishment in criminal law makes the injurer worse off without directly benefiting the victim. One way to think about this idea is through the economic analysis of criminal law. This approach uses the notion of deterrence in monitoring criminal behavior.
The courts are put in place so that the judges can decide whether to release offenders before the trial, except or reject plea agreements, or sentence convicted offenders (Hoffmann, 2011). The courts provide a set of guidelines that are used to resolve disputes and to test and enforce laws in a fair and rational
The appellant or the losing side of the case puts in a notice of appeal. This is the request to review a case. The appellate court must hear the case but they can decide to accept it or reject the appeal. The case it brought up again and the Appellate court can decide to affirm it, which is agreeing with the lower court decision, they can remand it, which means to send it back to the lower court to relook at specific issues, or it can be reversed, which means the lower court’s decision is set aside and further proceedings are held (Fradella & Neubauer, 2011). If the case is appealed and is heard by the U.S. Supreme Court, then they have to take whatever sentence they get.
The deposition is usually recorded outside of the courtroom, with a court recorder, and the opposing counsel asks the questions of the witness. Depositions are generally used in court to attempt to discredit the witness if there is any variation in their testimony (Serc.Carlton.edu). Motion for summary judgment is at th... ... middle of paper ... ...t systems dedicated just to the appeals process. The party that the court ruled against has the right to file an appeal for the case to be heard in a court at a higher venue only if there is a legal basis for an appeal. Not all cases can receive an appeal trial as generally believed by individuals.
It deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. The purpose of civil law is to deal with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim ("Civil Law vs Criminal Law."). This type of cases is filed under private party and the judge decides if the candidate is liable or not. The party who brings up the suit is known as a platiff, and the party who is accused of the harm is known as a defendant. Compensation (usually financial) for injuries or damages, or an injunction in nuisance is a result of punishment.
Equal Employment Opportunity Complaint In order for John to file a discrimination complaint against his employer, he is required to file a charge with the Equal Employment Opportunity Complaint counselor or representative of the company. Once the charge has been filed, an investigation is made, or the charge maybe selected to an EEOC program and maybe dismissed. In this case, John is given a certain number of days to file a lawsuit on his behalf. This process would have to go through several lengthy stages such as the EEOC administrative process. If gone to trial it must go through filing of a summons, response and answer, discovery process, enlisting of experts, pre-trial, actual trial and a possible appeal.
Appeals are known as direct attacks because they target the decisions made by the trial court and/or the jury’s guilty verdict in the specific defendant’s criminal trial. If denied a review, the offender may act on another standpoint. Habeas corpus proceeding approaches the case in a different manner and directs the attention to a civil lawsuit. State and federal court review may vary from jurisdiction. State courts provide collateral review for defendants convicted in state court.
4. If you do not have an attorney available, you have the right to remain silent until you have had an opportunity to consult with one. 5. If you cannot afford an attorney, you have the right to have one appointed for you. If the suspect refuses his right to an attorney, they may begin questioning him.