Lindsay Dula
LS500
Unit 9 assignment
October 28, 2014
This paper will explain why a case may be tried in a criminal court room and a civil court room. I will analyze the differences between a criminal case and a civil case; what and how the burden of proof is used in the court of law. An ethical discussion of our legal system will be defined and explained within this paper as well as double jeopardy.
Criminal court
In the state of North Carolina after a person is arrested they go in front of a magistrate who sets a bond for the defendant, if the defendant cannot make the bond they go to the county jail. At an initial appearance, usually the next day; a judge advises the defendant of the charges filed, considers whether the defendant should be held in jail until trial, and determines whether there is probable cause to believe that an offense has been committed and the defendant has committed it. (UScourts, nd) Defendants who are unable to afford counsel are advised of their right to a court-appointed attorney. The court may appoint either a public defender or a private attorney who has agreed to accept such appointments from the court. (UScourts, nd) In either type of appointment, the attorney will be paid by the court from funds appropriated by the state. Defendants released into the community before trial may be required to obey certain restrictions, such as home confinement or drug testing, and to make periodic reports to a pretrial services officer to ensure appearance at trial. (UScourts, nd)
Civil court In North Carolina a civil case involves a legal dispute between two or more parties. To begin a civil lawsuit, the plaintiff files a complaint with the court and have to pay for the deputy sheriff to serve a copy of the complaint on the defendant. The complaint describes the plaintiff's injury, explains how the defendant caused the injury, and asks the court to order relief. (UScourts, nd) A plaintiff may seek money to compensate for the injury, or may ask the court to order the defendant to stop the conduct that is causing the harm. The court may also order other types of relief, such as a declaration of the legal rights of the plaintiff in a particular situation. UScourts, nd) To avoid the expense and delay of having a trial, judges encourage the litigants to try to reach an agreement resolving their dispute. In particular, the courts encourage the use of mediation, arbitration, and other forms of alternative dispute resolution, or "ADR," designed to produce an early resolution of a dispute without the need for trial or other court proceedings. (UScourts, nd) As a result, litigants often decide to resolve a civil lawsuit with an agreement known as a "settlement." (UScourts, nd) If a case is not settled, the court will schedule a trial. In a wide variety of civil cases, either side is entitled under the Constitution to request a jury trial. If the parties waive their right to a jury, then the case will be heard by a judge without a jury. (UScourts, nd)
The differences between a criminal and a civil case In America there are two very different types of cases, civil and criminal. Criminal cases are generally offenses against the state, and are prosecuted by the state. (Findlaw, nd) Civil cases on the other hand, are typically disputes between individuals regarding the legal duties and responsibilities they owe one another. (Findlaw, nd) Some of the key differences between a criminal case and a civil case are 1.Crimes are considered offenses against the state, or society as a whole. Crimes against the state are prosecuted by the state, and the prosecutor files the case in court as a representative of the state. (Findlaw, nd) 2. Criminal offenses and civil offenses are generally different in terms of their punishment. Criminal cases will have jail time as a potential punishment, whereas civil cases generally only result in monetary damages or orders to do or not do something.
