This website uses cookies to ensure you have the best experience. Learn more

Procedure Civil Court And Criminal. Essay

657 words - 3 pages

Business LawMay 11, 2008Process Civil Court and Criminal CourtSteps need to be taken by the plaintiffs when a lawsuit is filed. In a civil court procedure papers must be file correctly by lawyers. Process can take time and can be stressful. The initial steps include, initial paper or document must be file, fact-finding and discovery, court motion, alternative dispute resolution, trial and verdict, judgment and appeal.Initial court paper must be file by the plaintiff in a form of complaint or petition. Then documents will provide an outline of the case against the defendant. The complaint document must include the name of the defendant or parties involved. The complaint should also include a demand judgment or a relief against the defendant. The plaintiff should seek out from the judge on how the payment should be pay if the plaintiff should win the case. After the initial document file the court issue a summon and where it will be litigated. The defendant will be given sometime to answer the question or a request to dismiss the case if the complaint by the plaintiff is false. But if the defendant fail to show up for a certain day and time then it become default and the defendant lose. Another step or procedure to civil court is discovery. Discovery is presented so there would be no surprises. All relevant facts and document must be summated to the defendant before it goes to trial. There are three layers to discovery, written discovery, document production and deposition. Written discovery are question and answer that is being ask, it could be now in the present or it could be question about the past that happen years ago. Document production anything that is related to the case such as medical records, defect case and or computer file. Deposition is a sworn statement that can range form week to month, and years back.Before a trial is set to be heard, a lawyer can ask for a motion to dismiss the case if there is not enough...

Find Another Essay On Procedure Civil Court and Criminal.

The Supreme Court and Personal Civil Rights

1224 words - 5 pages I. "Our constitution is colorblind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law.” – Justice John Harlan, in his dissenting opinion in the case Plessy v. Ferguson. (History of Brown v. Board of Education) The US Supreme Court has evolved to promote new personal civil rights for African-Americans, ultimately creating a more racially equal society. II. The first way that

Criminal Justice and Leading U.S. Supreme Court Cases, Annotated Bibliography

1143 words - 5 pages Annotated Bibliography Champion, D.J. (2009). Leading U.S. supreme court cases in criminal justice: Briefs and key terms. Upper Saddle river, NJ: Prentice Hall. Leading U.S. supreme court cases in criminal justice: Briefs and key terms is a source reference with respect to criminal law, constitutional law, and criminal procedure. The major focus of this book includes explained mandates of over 1000 U.S. Supreme Court cases and this book details

The United States and the International Criminal Court (ICC)

4664 words - 19 pages The United States and the International Criminal Court (ICC) Statement of Purpose This paper will clearly lay out the Unites States concerns with the International Criminal Court and will attempt to resolve them. I will then argue that no country has the right to be above international law, including the United States and that it is in the best interest of America and the world community for the united states to join the efforts of the ICC

Has the Civil Procedure Code Been Made More Effective and Justice Oriented?

2335 words - 9 pages criminal justice and there can be no doubt that delay in trial by itself constitutes denial of justice”. , No matter the outcome, a procedure that keeps parties to a dispute in custody for long periods of time cannot be termed as just or fair as it would violate Article 21 of the Constitution of India. To address this issue Section 33 of the Code of Civil Procedure has been interpreted so as to ensure that the objective of speedy trials is met

COMPARE AND CONTRAST THE CRIMINAL AND CIVIL LAW

1156 words - 5 pages Civil law is concerned and deals with the relationship between individuals and relates to civil rather than criminal wrongs with the aim of compensating the suing party for such wrongs (Gibson, Rigby, Ryan & Tamsitt, 2001, p28.1). A civil action is generally brought by the party who has been injured or otherwise suffered some form of loss as the result of a wrong which only directly affected him (e.g. trespassing into private property). When

Criminal and Civil Law in the English Legal System

1893 words - 8 pages impact on society itself. For example: a murder, theft or rape. Criminal law is dealt with in the Magistrates court and if very serious in the Crown court. It is said to be more difficult to win a case in the Magistrates court and Crown court than in a civil court as in a magistrates and crown court the evidence has to be proved beyond doubt and in a civil court evidence can be proved on a balance of probabilities

The Difference Between Civil Law and Criminal Law

979 words - 4 pages private relationships between individuals in our society. You are not alone in being confused about how a person acquitted of murder in a criminal trial can be held liable for a victim's wrongful death in a civil trial. The first step to understanding this seeming contradiction is to know that a criminal prosecution involves different laws, a different court system, and different burdens of proof. Specifically, the

Report of Downing Court (local, civil and district courts) and the Roles and Responsibilities in the Court System

2098 words - 8 pages district courts are considered the intermediate level of the states court hierarchy. The district court deals with serious criminal matters such as malicious wounding; dangerous driving; assaults including sexual assaults; property offences; drug offences; fraud cases and armed robbery. However they do not deal with charges on murder, piracy or treason which is dealt with by the Supreme Court. The district Court has civil jurisdiction. This gives

Essay regarding the public's Misperception of the criminal court system and due process of the law

1916 words - 8 pages individual with a crime. Unfortunately, when you make it easier to prove guilt, then it becomes harder to establish innocence. (Overview of Criminal Procedure) The public may perceive that the ends justify the means and that the criminal procedure as it is written today may violate or deprive an individual of the constitutional rights. An example of one court case; U.S. vs. Dunnock, 295 f.3d 431 (4th Cir. 2002) Defendant, "by virtue of the fact he

The International Criminal Court (ICC) and the Protection of Human Rights in Africa

1589 words - 6 pages 2 Introduction This essay will discuss the successes and challenges faced by the International Criminal Court (ICC) in prosecuting human rights violations cases in Africa. The ICC has been recently put under the spotlight by the African Union when it called for non-cooperation by its member states not to comply with the warrant of arrests that had been issued by the ICC against some of the leaders in Africa. This has created difficulties when

RE: INTERNATIONAL CRIMINAL COURT PROCEEDING TOWARDS ABDULLAH AL-SENUSSI AND SAIF AL-ISLAM GADDAFI PROSECUTION

983 words - 4 pages Al-Islam Gaddafi is allegedly responsible as indirect co-perpetrator and Abdullah Al-Senussi is allegedly responsible as indirect perpetrator of murder and persecution within the Art. 7 of the Statute. OPTIONS FOR CONSIDERATION 1. Considering that the nature of the court is complementary to national criminal jurisdictions which implies that it is preferable that a country perform its domestic trials, Libya has the right to prosecute both

Similar Essays

Criminal Procedure And The Court System

1056 words - 5 pages statutory or written law. Substantive law embraces the fact of civil rights and duties, also keeping responsibilities in civil law. Due to the fact the four amendments in the Bill of Rights dealing with the criminal justice system apply to civil rights and requirements in the court system to give proper representation; it is more closely correlated with substantive law over the law of criminal procedure. The other topic related to the Bill of Rights is

Criminal Procedure And The Constitution Essay

853 words - 4 pages two limits placed upon the powers of the United States Supreme Court. The two limits placed upon the powers of the United States Supreme Court are; first, the U.S. Constitution and Supreme Court are ultimately at the top of the obelisk with a wide variety of state a local criminal justice agency. The Supreme Court has to rely on the local police officers, courts, and prosecutors to make sure the decisions being made on a daily basis. Second

Court Systems And Criminal Justice Essay

1429 words - 6 pages court”; this court has the authority to hear and try all civil and criminal cases and to hear appeals from lower courts. These district courts can have several specialty courts that augment the system to identify or deal with social issues that arise, an example is drugs (Bohm & Haley, 2010, p 296). Many of the cases where citizens have violated the law and could have been arrested by a certain law enforcement agency (or agencies) will have

The Supreme Court And Civil Rights

1147 words - 5 pages Declared in the U.S. Constitution every American or should it be person, is guaranteed civil rights. Civil rights did not just consist of “freedom of speech and assembly,” but as well as “the right to vote, the right to equal protection under the law, and procedural guarantees in criminal and civil rights,” (Dawood). It was not until 1791, that the Bill of Rights was appended to the constitution, which helped clarify these rights to citizens