 What
is a Civil Court Case?
A civil case is
one involving a dispute between two or more
parties and ordinarily seeks to recover a certain
sum of money. The party who brings the suit is the
plaintiff. The party against whom the suit is
brought is the defendant. The case is started in
court by the plaintiff setting forth his or her
claim in a written complaint which is filed in the
office of the Clerk of the Court. The defendant
sets forth his or her response to the claim in a
written answer which is also filed with the clerk.
A jury of eight is selected and sworn and the
trial proceeds. At the beginning of the trial, the
lawyer for the plaintiff makes an opening
statement which outlines the plaintiff's claim and
the evidence by which the attorney plans to prove
it. This is not intended to be an argument.
Witnesses are usually called on behalf of the
plaintiff. After the plaintiff has put in his or
her evidence, the lawyer for the defendant may
make an opening statement. This lawyer then calls
the witnesses for the defendant. After the defense
finishes, the plaintiffs lawyer may call witnesses
in reply or rebuttal.
At the conclusion of the direct examination of
each witness, the witness may be cross-examined by
the adversary lawyer and may be again questioned
on redirect examination on behalf of the side
producing him or her as a witness.
When all the evidence is in, the lawyer for the
defendant usually makes a closing statement
intended to help the jury remember and analyze the
evidence and to convince the jury that, based upon
the evidence, the defendant is entitled to a
verdict. The plaintiff's lawyer then presents its
side for the same purposes. The opening and
closing statements of the lawyers are not evidence
in the case, but are intended to be helpful to the
jury in determining the facts. The lawyers' and
jurors' recollections of the evidence may in all
good faith differ. The jury has the sole
responsibility of deciding what facts are proven.
After the arguments have been made, the judge
charges the jury as to the applicable rules of
law, which the jury is bound to follow. The judge
may refer in his or her charge to certain evidence
in proof of facts and provide the relevant legal
principles. It is the jury's duty to reach its own
conclusions about disputed facts. Before the jury
deliberates there is usually another step required
to eliminate all members in excess of six unless
alternates were designated.
The jury then retires to the jury room to
deliberate and to reach a verdict for the
plaintiff or the defendant. It is the duty of the
members of the jury to make every reasonable
effort to reach an agreement. Failure of jurors to
agree on a verdict is unsatisfactory and costly
and should be avoided if an agreement can be
reached that is consistent with the conscientious
performance of the jurors' duty.
When the jury has reached its verdict, the
foreperson notifies the officer who is in charge
of the jury and the officer will advise the judge.
The jury is then brought into the courtroom. The
clerk inquires if the jury has arrived at a
verdict and the foreperson states the verdict. The
verdict is recorded by the clerk, signed by the
foreperson, and read to the jury.
CRIMINAL
CASES
Criminal
prosecutions are brought in the name of the State
because the accused person is charged with having
committed a crime against the peace and dignity of
the entire community. The person accused of having
committed the crime is called the defendant.
The action against the accused is brought by an
indictment, a criminal information, or a
complaint. An indictment is a formal charge
brought by a Grand Jury after hearing only the
State's side of the case. A criminal information
is similar to an indictment, except that it is
brought by the Attorney General rather than by a
Grand Jury. A complaint is used in less serious
criminal cases and is initiated either by a police
department or by the Attorney General.
The defendant may admit to the charge by entering
a plea of "guilty" or "nolo
contendere (no contest)," which has the same
effect as a plea of guilty. In either case there
is no trial and the judge may impose a sentence.
The defendant may deny the charge by entering a
plea of "not guilty."
When a plea of "not guilty" is entered,
the defendant is entitled to a trial by jury of
twelve people under the Rhode Island Constitution.
The function of the jury is to determine whether
the state has introduced sufficient evidence to
prove the defendant guilty. Evidence in support of
the charge is introduced by the prosecutor, who is
usually an Assistant or Special Assistant Attorney
General. The defendant is ordinarily represented
by a lawyer. If the defendant is financially
unable to provide his or her own, the defendant
will be represented by a member of the Public
Defender's Office or by a court appointed
attorney.
The criminal trial proceeds as follows:
The prosecutor makes an opening statement
outlining to the jury the evidence which he or she
expects to introduce to prove the state's case.
The prosecuting attorney then calls witnesses, one
by one, in support of the charge. After a direct
examination of each witness is completed, the
defense lawyer has a right to cross-examine the
witness. The cross-examination may be followed by
a redirect examination by the prosecutor. When the
State has introduced all of its evidence, the
prosecutor announces that "the State
rests."
Then, the defendant may, if he or she wishes,
introduce evidence. However, the defendant is not
required to do so and may decide to merely say
"the defense rests." If the defendant
does decide to testify or to present any
witnesses, the prosecutor may cross-examine each
person, and the defense attorney may follow that
with redirect examination.
After the defense has rested its case, the State
may introduce evidence in rebuttal explaining or
contradicting evidence brought out by the defense.
When both sides have completed their presentation
of evidence, the defense lawyer delivers a final
argument or summation to the jury. The prosecutor
follows with his or her summation. The judge then
charges the jury, by explaining the law which the
jurors are to apply to the facts of the case.
Before the jury deliberates there is usually
another step required to eliminate all members of
the jury in excess of twelve. Following the
judge's charge to the jury, the clerk will put all
the jurors' cards into the barrel and will draw
out the first twelve cards. These twelve
individuals will constitute the jury, and one of
them will be named by the judge as the foreperson.
Following this, the jury retires to deliberate its
verdict. The deliberations are carried out in the
jury room without any intrusion from exterior
sources. The verdict is to be based solely on the
evidence presented in open court and on the law
given by the court.
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