criminal vs. civil · pdf filecriminal vs. civil cases ... • each system has its own...

Criminal vs. Civil Cases

CRIMINAL CASES

• For an alleged crime (a public wrong)

• Between the state and the accused

o People v. Smith

o U.S. v. Smith

• Prosecutor, Defendant(s)

• Standard of Proof

o “Guilt beyond a reasonable doubt”

CIVIL CASES

• For an alleged private wrong

• The state is not necessarily a party

o Jones v. Smith

o U.S. v. Microsoft

• Plaintiff(s), Defendant(s)

• Standard of Proof:

o Usually “preponderance of evidence”

o For some issues: “clear and convincing evidence”

Substantive v. Procedural Law

• Substantive – Defines people’s rights and duties

• Procedural – Defines the procedures used by

courts (and others) to enforce rights and duties

• Sometimes Substantive/Procedural line is unclear

Example: Statute of limitations

Definition of Civil Procedure

Civil procedure is the study of how a civil case

goes through a court system:

• Selection of the proper court

• Determination of which law the court will apply

• Steps by which a case proceeds through the

court system

Civil Litigation in Context

• Vast majority of disputes never result in

litigation

• Vast majority of cases filed are never tried

– Discovery results in all parties knowing all the

evidence before trial

– Most people are risk-averse

– Litigation is expensive and time-consuming

Litigation Pyramid

Cases Tried

Cases Filed (Litigation)

Disputes with Legal Remedies

All Disputes

All Human Interactions

TRIAL

PRETRIAL

Costs to Litigation

• Risk

• Legal costs (attorney fees, etc.)

• Long delay to get relief

• Client’s time

• Client’s business secrets potentially exposed

• Embarrassing testimony and/or media

attention

• Damage to relationship between the parties

Alternatives to Litigation

• Arbitration

• Mediation

• Compromise

• Turn the other cheek

Federal v. State Court Systems• There is a federal court system and each state has its

own court system

• The federal system is not superior to state systems– Federal courts are final interpreters of federal law and state

courts are final interpreters of state law

– But if they conflict, federal law is superior to state law

• Each system has its own rules of civil procedure, and each court usually has its own additional rules (“local rules”)

• A case is filed in either federal or state court

• The vast majority of civil and criminal cases are filed in a state court

Supremacy Clause

U.S. Constitution -- Article VI (in part)

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding.”

Federal Court System

U.S. District Courts

U.S. District Courts

• 94 U.S. District Courts

• Each state has 1-4 districts (e.g. “U.S. District Court for the Middle District of North Carolina”)

• Have original jurisdiction

• Have limited jurisdiction

– U.S. is a party

– Federal question cases

– Diversity cases

• Multiple judges in each district

• Only one judge presides in each case (almost always)

• Decisions are binding only on the parties

U.S. District Courts

• 94 U.S. District Courts

• Each state has 1-4 districts (e.g. “U.S. District Court for the Middle District of North Carolina”)

• Have original jurisdiction

• Have limited jurisdiction

– U.S. is a party

– Federal question cases

– Diversity cases

• Multiple judges in each district

• Only one judge presides in each case (almost always)

• Decisions are binding only on the parties

U.S. Constitution

1st Amendment

“Congress shall make no law respecting an

establishment of religion or prohibiting the

free exercise thereof; or abridging the

freedom of speech, or of the press.”

U.S. District Courts

• 94 U.S. District Courts

• Each state has 1-4 districts (e.g. “U.S. District Court for the Middle District of North Carolina”)

• Have original jurisdiction

• Have limited jurisdiction

– U.S. is a party

– Federal question cases

– Diversity cases

• Multiple judges in each district

• Only one judge presides in each case (almost always)

• Decisions are binding only on the parties

Federal Court System

U.S. Courts of Appeals

U.S. District Courts

U.S. Courts of Appeals

• 12 geographic U.S. Courts of Appeals (e.g. U.S. Court of Appeals for the Fourth Circuit)

• Has appellate jurisdiction

• Parties have the right to appeal to them

• Each circuit has 5-15 districts (except D.C.)

• Multiple judges in each circuit

• Three-judge panel hears an appeal

• Sometimes the whole circuit will rehear an appeal “en banc” (less than 1% of appeals)

• Decisions binding on all U.S. District Courts in the circuit.

U.S. Courts of Appeals

• 12 geographic U.S. Courts of Appeals (e.g. U.S. Court of Appeals for the Fourth Circuit)

• Has appellate jurisdiction

• Parties have the right to appeal to them

• Each circuit has 5-15 districts (except D.C.)

• Multiple judges in each circuit

• Three-judge panel hears an appeal

• Sometimes the whole circuit will rehear an appeal “en banc” (less than 1% of appeals)

• Decisions binding on all U.S. District Courts in the circuit.

Federal Court System

U.S. Supreme

Court

U.S. Courts of Appeals

U.S. District Courts

U.S. Supreme Court

• Has appellate jurisdiction (with few exceptions)

• Hears appeals from U.S. Courts of Appeals and, on issues of federal law, from the highest court in each state.

• Has almost complete discretion of whether to hear a case

• Grants only about 1% of petitions for certiori

• All nine judges hear each case

• Decisions regarding federal law are binding on all courts

Typical State Court Systems

Final Appellate

Court

Intermediate Appellate Court(s)

Trial Courts

Some Confusing Facts• Most – but not all – intermediate appellate state courts

are called the “Court of Appeals.”

• Most – but not all – highest state courts are called the “Supreme Court.”

For example, New York calls each of its basic trial courts a “Supreme Court,” and its highest court the “Court of Appeals”

• Before 1911, there were federal “Circuit Courts” which were both trial and appellate courts.

• When first created in 1891, U. S. Courts of Appeals were called “Circuit Courts of Appeals” and often are still informally called “Circuit Courts.”

More Confusing Facts

• The U.S. Supreme Court is the final interpreter of federal law (including the U.S. Constitution).

• The highest state court is the final interpreter of state law.

Brief Outline of Civil Litigation

Plaintiff initiates the lawsuit

Underlying

Dispute

Occurs

Decision To Sue

- Choose Defendants

- Choose Court

Subject Matter Jurisdiction?

Personal Jurisdiction?

Venue?

P Initiates the Suit

-File Complaint

-Serve Process

Factors in Choosing Among

Proper Courts

• Convenience for client

• Ability to get witnesses

• Delay

• Procedural rules differences

• Occasional substantive law differences

• Bias

• Attorney’s familiarity with court

How to Change Plaintiff’s

Choice of Court (Forum)• Removal – Defendant usually can move

(“remove”) a state case to federal court if the

case could have been originally filed in

federal court

• Transfer – Court transfers the case to

another court in the same court system

• Forum non Conveniens – Court dismisses

the case and encourages plaintiff to refile it

in a different court system

Brief Outline of Civil Litigation

Plaintiff initiates the lawsuit

Underlying

Dispute

Occurs

Decision To Sue

- Choose Defendants

- Choose Court

Subject Matter Jurisdiction?

Personal Jurisdiction?

Venue?

P Initiates the Suit

-File Complaint

-Serve Process

Outline of Civil Litigation (page 2)

File “Motion

to Dismiss”

Complaint

(“demurrer”)

File Answer

to Complaint

P appeals

P gives up:

Case Over

P fixes problem &

refiles complaint

(if possible)

Go to Discovery

DefaultGo to Judgment

Defendant Responds to Complaint

Outline of Civil Litigation (page 3)

Trial

Jury Trial

or

Bench trial

(Judge trial)

Discovery

Document

Review

Depositions

Interrogatories

Request for

Admissions

Physical

Examinations

Motion for

Summary Judgment

(or partial

summary judgment)

“No genuine issue

of material fact”

Motion granted

Go to Judgment

Go to Judgment

Outline of Civil Litigation (page 4)

Appeal

Usually have right

to appeal only to

next highest court

Standard of Review:

Factual issues v.

Legal issues

(e.g. de novo,

abuse of discretion,

clearly erroneous)

Judgment

Who wins?

If P wins,

what remedy?

Enforce

Judgment

(maybe)

Case Over

Affirmed

Case Over

(may need

to enforce

judgment)

ReversedRemand to

trial court for

further

proceedings

or entry of

judgment

Loser appeals