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Chapter Introduction
Section 1: Civil Cases
Section 2: Criminal Cases
Section 3: Young People and the Courts
Visual Summary
Chapter Intro 1
When is a legal issue a criminal problem, and when is it a civil problem? Civil law concerns disputes between two or more individuals or between individuals and the government. In criminal law, by contrast, the government charges someone with a crime and is always the prosecutor.
Chapter Intro 2
Section 1: Civil Cases
The judicial branch of government is charged with interpreting the law. America’s courts decide thousands of civil cases each year.
Chapter Intro 2
Section 2: Criminal Cases
The Constitution of the United States establishes and protects the individual’s fundamental rights and liberties. Thousands of criminal cases each year help define Americans’ rights and enforce law and order.
Chapter Intro 2
Section 3: Young People and the Courts
The Constitution of the United States establishes and protects the individual’s fundamental rights and liberties. A separate legal system, the juvenile justice system, handles the cases of young people in trouble with the law.
Section 1-Main Idea
Guide to Reading
Big Idea
The judicial branch of government is charged with interpreting the law.
Section 1-Key Terms
Guide to Reading
Content Vocabulary
• complaint
• summons
• discovery
• settlement
Academic Vocabulary
• file
• retain
• respond
A. A
B. B
Section 1-Polling Question
0%0%
Do you agree that settling a civil lawsuit out of court is a better course of action than going to trial?
A. Agree
B. Disagree
Section 1
Civil Lawsuits
Civil lawsuits may involve property disputes, a breach of contract, family matters, or personal injury.
Section 1
Civil Lawsuits (cont.)
• In a civil case, a plaintiff brings a lawsuit against a defendant.
• The plaintiff:
– Claims to have suffered loss
– Usually seeks damages
Section 1
• The defendant:
– Argues the loss did not occur
– Argues the defendant is not responsible
Civil Lawsuits (cont.)
Section 1
• Civil lawsuits may involve:
– Property disputes
– Breaches of contracts
– Family matters involving two or more parties
Civil Lawsuits (cont.)
Section 1
• Negligence or personal injury
• Negligence suit filed when:
– Someone injured or killed
– Property destroyed
Civil Lawsuits (cont.)
Section 1
Do you think a person should file a civil lawsuit against a neighbor for playing loud music late at night?
A. Yes
B. No A. A
B. B
0%0%
Section 1
The Process in a Civil Case
Civil lawsuits follow a specified legal procedure.
Section 1
The Process in a Civil Case (cont.)
• There are specific legal procedures that civil lawsuits follow.
• Plaintiff retains a lawyer, who files a complaint with the court
Civil Cases
Section 1
• Defendant:
– Receives a summons
– May file an “answer” to complaint
The Process in a Civil Case (cont.)
• Complaint and answer referred to as pleadings
Civil Cases
Section 1
• The process of discovery to check facts and gather evidence
• Pretrial hearing:
The Process in a Civil Case (cont.)
– Helps to explain differences between two sides
– Plaintiff may decide to drop case
– Defendant may offer settlement
Civil Cases
Section 1
• Mediation and arbitration are ways to resolve disputes.
• Most civil cases settled before trial because of time and money.
The Process in a Civil Case (cont.)
Civil Cases
Section 1
• Trial:
– Jury or judge may hear case
– Plaintiff has to present a “preponderance of evidence”
– Remedy set if plaintiff wins
– Plaintiff gets nothing and must pay court costs if defendant wins
The Process in a Civil Case (cont.)
Civil Cases
Section 1
• Appeal:
– Losing side may appeal to a higher court
– Defendant or defendant’s insurance company may appeal to reduce awards
The Process in a Civil Case (cont.)
Civil Cases
A. A
B. B
C. C
D. D
Section 1
0% 0%0%0%
Which do you think is probably the most effective way of resolving a civil dispute?
A. Settlement
B. Mediation
C. Arbitration
D. Trial
Section 2-Main Idea
Guide to Reading
Big Idea
The Constitution of the United States establishes and protects the individual’s fundamental rights and liberties.
Section 2-Key Terms
Guide to Reading
Content Vocabulary
• prosecution
• crime
• penal code
• parole
• mandatory sentencing
• arraignment
• testimony
• cross-examine
• acquittal
• hung jury
Section 2-Key Terms
Guide to Reading
Academic Vocabulary
• function
• confine
• sufficient
Section 2-Polling Question
Do you think that criminal penalties help prevent crimes?
A. Yes
B. No
A. A
B. B0%0%
Section 2
What Is a Criminal Case?
In criminal cases, defendants are charged with crimes, and if convicted, they are sentenced as punishment.
Section 2
What Is a Criminal Case? (cont.)
• In a criminal case, the state or federal government charges someone with a crime.
• Government is the prosecution in a criminal case.
Section 2
• Crime is an act that:
– Breaks a federal or state criminal law
– Causes harm to people or society
What Is a Criminal Case? (cont.)
U.S. Regional Crime Rates in 2004
Section 2
• Criminal justice system includes courts, police and prisons.
• A separate juvenile justice system
What Is a Criminal Case? (cont.)
Section 2
• Penal code:
What Is a Criminal Case? (cont.)
– Written criminal laws in each state
– Federal penal code defines federal crimes
– Spells out the punishments that go with each crime
Section 2
• People convicted of misdemeanors:
– May be fined
– May be sentenced to one year or less in jail
What Is a Criminal Case? (cont.)
Section 2
• People convicted of felonies:
– May be imprisoned for a year or more
– May be punished by death in the case of murder
– May lose certain civil rights
– May lose employment opportunities in some careers
What Is a Criminal Case? (cont.)
Section 2
• Misdemeanors sometimes treated as felonies
What Is a Criminal Case? (cont.)
– Example: drunk driving repeat offense
Section 2
• Criminal penalties:
– Provide punishment so that a criminal pays for offense
– Protect society by confining dangerous lawbreakers in prison
– Can serve as warnings to deter other people
– Can help prepare lawbreakers to reenter society after prison terms
What Is a Criminal Case? (cont.)
Section 2
• Determining the sentence:
– System of indeterminate sentences used in the past
– Some prisoners eligible for parole
– Mandatory sentencing imposing whatever sentence the law directs
What Is a Criminal Case? (cont.)
Section 2
• Many states giving judges more sentencing options:
– Shock incarceration
– Intensive-supervision probation or parole
– House arrest
What Is a Criminal Case? (cont.)
Section 2
Do you agree that all judges should be required to impose mandatory sentencing?
A. Yes
B. No
A. A
B. B
0%0%
Section 2
Criminal Case Procedure
Criminal cases follow several steps, including arrest, hearing, indictment, arraignment, verdict, sentencing, and appeal.
Section 2
Criminal Case Procedure (cont.)
• Criminal cases follow several steps.
• Defendants entitled to the protections of due process
Criminal Cases
Section 2
• Arrest begins a criminal case
• Officers make an arrest when:
Criminal Case Procedure (cont.)
– They have witnessed suspected crime
– A citizen has made complaint or report of a crime
– A judge has issued arrest warrant
Criminal Cases
Section 2
• The booking process:
– Police fingerprint and photograph suspect
– Suspect allowed to call a lawyer
– State provides lawyer if the suspect cannot afford lawyer
Criminal Case Procedure (cont.)
Criminal Cases
Section 2
• A few hours after being booked:
– Suspect informed of charges
– Prosecution must show probable cause for believing the accused committed the crime
– Judge either sends accused back to jail, sets bail, or releases the accused
Criminal Case Procedure (cont.)
Criminal Cases
Section 2
• Preliminary hearings and grand jury decide indictments
• “Information” claims sufficient evidence to bring accused to trial
Criminal Case Procedure (cont.)
Criminal Cases
Section 2
• Arraignment:
– Defendant formally presented with charges and enters a plea
– If defendant pleads not guilty, case continues
Criminal Case Procedure (cont.)
Criminal Cases
Section 2
– If defendant pleads guilty, he or she is convicted and punishment is determined.
– If defendant pleads no contest, effect is much the same as guilty plea
Criminal Case Procedure (cont.)
Criminal Cases
Section 2
• Trial procedure:
– Defense lawyer interviews witnesses, studies laws affecting the case, and gathers information.
– Defendants have right to a jury trial, although many choose a bench trial.
– Selection of potential jurors
Criminal Case Procedure (cont.)
Criminal Cases
Section 2
– Opening statements outlining the case
– Prosecution and defense present cases
Criminal Case Procedure (cont.)
Criminal Cases
• Calling witnesses who give testimony
• Cross-examine witnesses
Section 2
– Closing statements highlighting testimony
– Judge explains law relating to case to the jury
Criminal Case Procedure (cont.)
Criminal Cases
Section 2
• Reaching a verdict:
– Jury chooses foreperson to lead discussion
– Reviews evidence and arguments
– Deliberates secretly and without time limit
– Votes whether defendant is guilty or not guilty
Criminal Case Procedure (cont.)
Criminal Cases
Section 2
– To reach guilty verdict, evidence must convince “beyond a reasonable doubt”
– Verdict must be unanimous in most criminal cases
– Acquittal is a vote of not guilty
– Hung jury is a jury that cannot agree on a verdict
Criminal Case Procedure (cont.)
Criminal Cases
Section 2
• Jury or judge decides on sentence, which often specifies period of prison time
• Defendant can appeal guilty verdict
Criminal Case Procedure (cont.)
Criminal Cases
A. A
B. B
Section 2
0%0%
Do you think the procedure for criminal cases is fair to defendants?
A. Yes
B. No
Section 3-Main Idea
Guide to Reading
Big Idea
The Constitution of the United States establishes and protects the individual’s fundamental rights and liberties.
Section 3-Key Terms
Guide to Reading
Content Vocabulary
• juvenile
• juvenile delinquent
• rehabilitation
Academic Vocabulary
• emphasis
• preliminary
• equivalent
A. A
B. B
Section 3-Polling Question
0%0%
Do you agree that there should be a separate justice system for juveniles?
A. Agree
B. Disagree
Section 3
Causes of Juvenile Delinquency
All states and the federal government have a separate justice system for young people.
Section 3
Causes of Juvenile Delinquency (cont.)
• In most states, anyone under the age is 18 is considered a juvenile.
• Juvenile delinquents are young people who commit crimes
• Juvenile delinquents treated somewhat differently from adults who commit crimes
Section 3
• Factors that can contribute to juvenile delinquency:
– Abuse or neglect
– Emotional or mental problems
– Poverty
Causes of Juvenile Delinquency (cont.)
A. A
B. B
C. C
D. D
Section 3
0% 0%0%0%
Which do you think contributes the most to juvenile delinquency?
A. Abuse or neglect
B. Emotional or mental problems
C. Poverty
D. Wealth
Section 3
The Juvenile Justice System
The juvenile justice system is similar to the adult system, with some important differences.
Section 3
The Juvenile Justice System (cont.)
• Juvenile courts try to rehabilitate juveniles, rather than punish them.
• Two types of cases handled by juvenile courts:
– Neglect, which involves caregivers neglecting or abusing juveniles
– Delinquency, which involves juveniles committing crimes
Section 3
• Police officers handling juvenile cases
• Special programs for juveniles:
The Juvenile Justice System (cont.)
– Counseling
– Job training
– Drug-treatment
Section 3
• Trials for juveniles:
– Preliminary hearings
– Juveniles not entitled to a jury trial
– Juvenile cases normally closed to the public
– Juvenile offenders’ identities and criminal records kept secret
– If found guilty court holds sentencing
The Juvenile Justice System (cont.)
Section 3
• Sentencing for juveniles:
– Court holds hearing that is the same as sentencing
– Some offenders sent home with a stern lecture
– Some offenders with previous history of delinquency placed in special training schools, reformatories, treatment centers, or teen shelters
The Juvenile Justice System (cont.)
Section 3
• Successful probation leading to dropped charges and removal of charges from record
• Neglected juveniles can become wards of the court
• Rules for juvenile criminal cases established by the Supreme Court
• Juveniles generally have same or similar rights as adults
The Juvenile Justice System (cont.)
Section 3
Do you think special programs are effective in rehabilitating juvenile delinquents?
A. Yes
B. No A. A
B. B0%0%
VS 1
Civil Law
• Civil law includes disputes over rights, property, and agreements.
• In a civil lawsuit, the plaintiff files a complaint against the defendant, and the defendant responds.
• The legal system has established a procedure that everyone must follow to settle civil disputes.
VS 2
Criminal Law
• In criminal law cases, the government charges someone with a crime.
• A crime is an act that breaks a federal or state criminal law and causes harm to people or society in general.
• Criminal cases are divided into two main groups—felonies and misdemeanors.
VS 3
Juveniles and the Court System
• When a juvenile is arrested, the police must notify his or her parents or caregivers.
• A preliminary hearing is held, followed by a court appearance.
• At sentencing, juveniles may be sent home, put on probation, made a ward of the court, or sent to a reformatory.
VS 4
Juveniles and the Court System (cont.)
• There is no jury in juvenile court cases.
• The primary goal of juvenile courts is to try to rehabilitate, or correct the behavior of, offenders.
Figure 1
Figure 2
Figure 3
TIME Trans
DFS Trans 1
DFS Trans 2
DFS Trans 3
Vocab1
complaint
a formal notice that a lawsuit is being brought
Vocab2
summons
a notice directing someone to appear in court to answer a complaint or a charge
Vocab3
discovery
process by which attorneys have opportunity to check facts and gather evidence
Vocab4
settlement
in a legal case, the amount of money the defendant agrees to pay the plaintiff
Vocab5
file
to submit or register
Vocab6
retain
to keep or to hold secure
Vocab7
respond
to answer or react
Vocab8
prosecution
party who starts the legal proceedings against another party for a violation of the law
Vocab9
crime
an act that breaks a law and causes harm to people or society in general
Vocab10
penal code
a state’s written criminal laws
Vocab11
parole
to grant a prisoner an early release from prison, with certain restrictions
Vocab12
mandatory sentencing
punishment that judges must impose according to what the law directs
Vocab13
arraignment
a hearing in which a suspect is charged and pleads guilty or not guilty
Vocab14
testimony
the statement a witness makes under oath
Vocab15
cross-examine
to question a witness at a trial or a hearing to check or discredit the testimony
Vocab16
acquittal
a vote of not guilty
Vocab17
hung jury
a jury that cannot agree on a verdict
Vocab18
function
to serve a purpose
Vocab19
confine
to restrict or imprison
Vocab20
sufficient
to be adequate for a purpose
Vocab21
juvenile
a person not yet legally an adult
Vocab22
juvenile delinquent
a child or teenager who commits a serious crime or repeatedly breaks the law
Vocab23
rehabilitate
to correct a person’s behavior
Vocab24
emphasis
placing stress or special importance on something
Vocab25
preliminary
coming before the main part or item
Vocab26
equivalent
alike or equal to in number or meaning
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