How Courts Work

Steps in a Trial

Civil and Criminal Cases

The law deals with two kinds of cases. Civil cases involve conflicts between people or institutions such as businesses. A civil case usually begins when a person or organization determines that a problem can’t be solved without the intervention of the courts. In civil cases, one (or more) of these persons or organizations brings suit (i.e., files a complaint in court that begins a lawsuit).

Criminal cases involve enforcing public codes of behavior as embodied in the laws, with the government prosecuting individuals or institutions. In a criminal case, the government brings charges against the person alleged to have committed the crime.

What types of cases are civil? Divorce and related lawsuits (child support, custody, and the like) account for a very large number of civil cases. Cases involving contracts are also frequent. Automobile collisions account for many tort (personal injury) cases, another common kind of civil case. An auto collision gives rise to a civil case if one driver sues the other, or if a passenger in one of the cars sues either driver. An auto collision might also lead to a criminal case, if it involves allegations of a crime such as drunken driving or leaving the scene of an accident.

In many parts of the world, civil and criminal legal actions are combined into one case, but in our country they are not. If there are serious civil and criminal aspects of an event, there will be two (or more) distinct cases. An example would be a crime leading to a criminal trial of the defendant, with the victims filing a separate civil suit against the defendant to recover damages caused by the crime.

>>Diagram of How a Case Moves Through the Courts
>>Civil and Criminal Cases
>>Settling Cases
>>Pre-trial Procedures in Civil Cases
>>Jurisdiction and Venue
>>Pleadings
>>Motions
>>Discovery
>>Pre-Trial Conferences
>>Pre-trial Procedures in Criminal Cases
>>Bringing the Charge
>>Arrest Procedures
>>Pre-Trial Court Appearances in Criminal Cases
>>Bail
>>Plea Bargaining
>>Civil and Criminal Trials
>>Officers of the Court
>>The Jury Pool
>>Selecting the Jury
>>Opening Statements
>>Evidence
>>Direct Examination
>>Cross-examination
>>Motion for Directed Verdict/Dismissal
>>Presentation of Evidence by the Defense
>>Rebuttal
>>Final Motions
>>Closing Arguments
>>Instructions to the Jury
>>Mistrials
>>Jury Deliberations
>>Verdict
>>Motions after Verdict
>>Judgment
>>Sentencing
>>Appeals


How Courts Work Home | Courts and Legal Procedure | *Steps in a Trial*
The Human Side of Being a Judge | Mediation

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