A civil trial is when a person or entity sues somebody for one or more reasons. For example, a person can be civilly sued if they cause a car crash, and cause injuries. Civil lawsuits can be brought in both state and federal court, individuals, corporations, or governments can bring civil lawsuits against persons or entities for violating civil or constitutional rights. An example of this would be somebody suing somebody else for not fulfilling a contract.
A criminal trial is generally charged in a formal accusation called an "indictment". The government, on behalf of the people of The United States, will prosecute this case through the United States Attorney Office if this person committed a federal crime. State's Attorney Offices handle state crimes. An example of this could be somebody committing a violent crime that results in the deaths or harm of others. In instances like this, it is typically up to the government to bring charges against this person, not the victims.
<u>Civil Trial:</u>"<em>A trial in which a plaintiff seeks damages or other remedy from a defendant."</em>
A civil lawsuit procedure consists of the rules by which courts carry out civil trials.
<u>Criminal Trial:</u><em>"A jury examines the evidence to decide whether, "beyond a reasonable doubt," the defendant committed the crime in question."</em>
After both sides have presented their arguments, the jury considers as a group whether to find the defendant guilty or not guilty of the crime(s) charged.
Explanation:
<u>It is important to understand what is a civil court case, and the process to expect.The order of events in the process of civil trials includes:
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<u>Opening statements</u>
<u>Presentation of evidence by plaintiff
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<u>Direct examination of witnesses
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<u>Cross-examination of witnesses
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<u>Dismissal motions, or motion for direct verdict
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<u>Presentation of evidence by defendant
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<u>Rebuttals by plaintiff
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<u>Final motions from defendant and plaintiff
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<u>Closing arguments by defendant and plaintiff</u>
<u>A complete criminal trial typically consists of six main phases, each of which is described in more detail below:
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<u>Choosing a Jury
:</u>At this stage, both the defense and the prosecution may exclude a certain number of jurors, through use of "peremptory challenges" and challenges "for cause."
<u>Opening Statements:</u>
Once a jury is selected, the first "dialogue" at trial comes in the form of two opening statements -- one from the prosecutor on behalf of the government, and the other from the defense.
<u>Witness Testimony and Cross-Examination</u>
:At the heart of any criminal trial is what is often called the "case-in-chief," the stage at which each side presents its key evidence to the jury.
<u>Closing Arguments
:T</u>he closing argument offers the government and defense a chance to "sum up" the case, recapping the evidence in a light favorable to their respective positions
<u>Jury Instruction
:</u>The judge then decides what legal standards should apply to the defendant's case, based on the criminal charges and the evidence presented during the trial.
<u>Jury Deliberation and Verdict:</u>After receiving instruction from the judge, the jurors as a group consider the case through a process called "deliberation," attempting to agree on whether the defendant is guilty or not guilty of the crime(s) charged.
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