[citation needed] The outcome of the case is recorded, and can later be reviewed by obtaining a copy of the documents associated with the designation previously assigned to the case. A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. The defendant may cross-examine the plaintiff's witnesses to test their evidence. When making this decision, the judge must consider: Judges may impose many different kinds of sentences or a combination of penalties. In a criminal trial, the judge is responsible for sentencing the convicted offender and will follow guidelines for sentencing set out in the Criminal Code of Canada. They may be suing the other for the repayment of debt, breach of a contract, damages incurred because of non-performance or for personal injuries suffered. A federal civil case involves a legal dispute between two or more parties. Civil Cases vs. Criminal Cases: When They Cross Paths.

The person who commences civil action is usually called "plaintiff". The archaic term "suit in law" is found in only a small number of laws still in effect today. The plaintiff has the same right to cross-examine. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce. The judge or jury listen to both sides then they weigh the evidence and make a decision. Copies are then delivered to, or served on, the defendant. Fig 1.2 The Crown in Criminal Cases. The style of cause would read Regina vs. Lee for example. Either party could be an individual, a company or the government. In a civil case, the plaintiff must convince the jury by a “preponderance of the evidence” (i.e., that it is more likely than not) that the defendant is responsible for the harm the plaintiff has suffered. In a civil case, the parties are involved in a dispute and cannot come to an agreement. In a bail hearing, the prosecutor must show why the accused should remain in custody. Its purpose is to clarify the claim against the defendant and lets each side examine the evidence that the other side intends to use in court. The defendant may thus lose by default. In titles such as R v Adams, however, the initial "R" is usually an abbreviation for the Latin Rex or Regina, i.e. The jury generally is asked to determine whether the defendant is responsible for harming the plaintiff in some way, and then to determine the amount of damages that the defendant will be required to pay. The civil appeals process starts with a losing party in a civil trial.

Release on bail will only be refused if there are very strong reasons for doing so. Often, the court's procedure for dealing with family cases is very similar to that of a civil case (it requires service and disclosure, and will issue judgments). For instance, a person may be sued for the intentional tort of assault and/or battery, but also may be arrested and charged with the crime(s) of assault and/or battery. The plaintiff may call witnesses to testify to facts and present evidence: papers, photographs or other documents. In a kidnapping case, for instance, the government would prosecute the kidnapper and the victim wouldn't be a party to the action.
All rights reserved. A civil case can also be arbitrated through arbitration, which may result in a faster settlement, with lower costs, than could be obtained by going through a trial. The Charter does not say what this means but the courts have provided some guidance.

There are two types: The person charged with a criminal offence is called the accused. The opposing attorney may object if a question it invites the witness to say something that is not based on the witness’s personal knowledge, is unfairly prejudicial, or is irrelevant to the case. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. Because of that, both common law and the Charter protect the rights of the accused. A person who has been arrested is first read their rights.

In criminal proceedings, one party is the government, called the state, commonwealth, or the people of the United States, and the other party is the defendant.
Details of the procedure may depend on both the kind of case and the kind of system in which the case is brought - whether, for example, it is an inquisitorial system or a solo. In a civil case, one party is suing the other parties. FAQs: Filing a Judicial Conduct or Disability Complaint Against a Federal Judge, Archives of the Committee on Judicial Conduct and Disability, Judicial Panel on Multidistrict Litigation Fees, Federal Court Interpreter Certification Examination, National Court Interpreter Database (NCID) Gateway, Transfer of Excess Judiciary Personal Property, Electronic Public Access Public User Group, Statistical Tables for the Federal Judiciary, Judiciary Conferences That Cost More Than $100,000, Long Range Plan for Information Technology, Proposed Amendments Published for Public Comment, Invitation for Comment to Restyle the Federal Rules of Bankruptcy Procedure, Invitation for Comment on Emergency Rulemaking, Laws and Procedures Governing the Work of the Rules Committees, How to Suggest a Change to Federal Court Rules and Forms, How to Submit Input on a Pending Proposal, Open Meetings and Hearings of the Rules Committee, Permitted Changes to Official Bankruptcy Forms, Congressional and Supreme Court Rules Packages, Preliminary Drafts of Proposed Rule Amendments, Confidentiality Regulations for Pretrial Services Information.