Trials in the United States
Civil Trials v. Criminal Trials
The rules for civil v. criminal trials vary somewhat in the federal and state systems, but are similar in most respects since, under the Constitution, all trials must confer specific rights to defendants, and since the rules of evidence are generally the same in both. But there are major differences in procedure for civil and criminal trials:
- Pleading. The statement of the claim or charge is more precise and detailed in a criminal case.
- Discovery. The ability of each side — prosecution and defense — to gather information to support their position, is more limited in a criminal case.
- Higher Burden. In a criminal trial, a defendant must be proved guilty beyond a reasonable doubt. But in a civil trial, the plaintiff and the party bringing the case must prove the claim only by the greater weight of evidence, a test, for example, the Simpson jury in the civil trial believed was met.
- Greater Protection. Because of the more severe penalties that can be imposed, a defendant in a criminal trial is accorded more procedural rights and safeguards than a defendant in a civil trial.
- Right to Appeal. If a criminal defendant is acquitted, the prosecution’s right to appeal is almost nonexistent since the defendant cannot stand trial twice for the same crime. In a civil case the loser has the right to appeal.
- Speedy Trial. In jurisdictions with speedy trial laws, criminal cases may be tried more promptly than civil cases. (1)
Trials in the Criminal Justice System
Trials in Federal Practice and Procedure
This section provides comprehensive coverage of the main aspects of trials in relation to federal procedure, including an analysis of the rules as interpreted and applied by the federal courts and affected by related federal statutes and regulations.
Trials (Civil Procedure)
This section introduces, discusses and describes the basics of trials. Then, cross references and a brief overview about Civil Procedurein relation to trials is provided. Note that a list of bibliography resources and other aids appears at the end of this entry.
In the Federal Rules of Civil Procedure
The encyclopedia provides a comprehensive treatment of all aspects of federal jurisdiction and procedure, including issues on district court jurisdiction.
Trials in Federal Rules of Civil Procedure
In relation to federal court procedure and federal litigation, Trials covers the following topics:
Right to a Jury Trial and Demand
Find out about Right to a Jury Trial and Demand in this context in this American legal encyclopedia.
Trial by Jury or by the Court
Find out about Trial by Jury or by the Court in this context in this American legal encyclopedia.
Scheduling Cases for Trial
Find out about Scheduling Cases for Trial in this context in this American legal encyclopedia.
Dismissal of Actions
Find out about Dismissal of Actions in this context in this American legal encyclopedia.
Consolidation and Separate Trials
Find out about Consolidation and Separate Trials in this context in this American legal encyclopedia.
Taking Testimony
Find out about Taking Testimony in this context in this American legal encyclopedia.
Proving an Official Record
Find out about Proving an Official Record in this context in this American legal encyclopedia.
Determining Foreign Law
Find out about Determining Foreign Law in this context in this American legal encyclopedia.
Subpoena
Find out about Subpoena in this context in this American legal encyclopedia.
Objecting to a Ruling or Order
Find out about Objecting to a Ruling or Order in this context in this American legal encyclopedia.
Selecting of Jurors
Find out about Selecting of Jurors in this context in this American legal encyclopedia.
Number of Jurors and Verdict, Polling
Find out about Number of Jurors and Verdict, Polling in this context in this American legal encyclopedia.
Special Verdict and General Verdict and Questions
Find out about Special Verdict and General Verdict and Questions in this context in this American legal encyclopedia.
Judgment as a Matter of Law in a Jury Trial, Related Motion for a New Trial and Conditional Ruling
Find out about Judgment as a Matter of Law in a Jury Trial, Related Motion for a New Trial and Conditional Ruling in this context in this American legal encyclopedia.
Instructions to the Jury, Objections and Preserving a Claim of Error
Find out about Instructions to the Jury, Objections and Preserving a Claim of Error in this context in this American legal encyclopedia.
Findings and Conclusions by the Court and Judgment on partial Findings
Find out about Findings and Conclusions by the Court and Judgment on partial Findings in this context in this American legal encyclopedia.
Masters
Find out about Masters in this context in this American legal encyclopedia.
Resources
See Also
- Federal Civil Procedure
- Federal Criminal Procedure
- Federal Appellate Procedure
Resources
Notes and References
- E. Osborne Ayscue, Jr., USIS, Issues of Democracy, September 1999
Further Reading
- Charles Alan Wright, Arthur R. Miller & Andrew D. Leipold, Federal Practice & Procedure (Thomson West)
- Robert C. Casad & William B. Richman, Jurisdiction in Civil Actions: Territorial Basis and Process Limitations on Jurisdiction of State and Federal Courts (Lexis Law)
- James Wm. Moore & Daniel R. Coquillette, Moore’s Federal Practice (Matthew Bender, 2017)
- Gregory A. Castanias & Robert H. Klonoff, Federal Appellate Practice and Procedure in a Nutshell (Thomson West)
- Information about Trials in the Gale Encyclopedia of American Law.
- Erwin Chemerinsky, Federal Jurisdiction (Aspen Publishers)
- Robert M. Cover, Owen M. Fiss & Judith Resnik, The Federal Procedural System: A Rule and Statutory Source Book (Foundation Press)
- Richard H. Fallon, Jr., Daniel J. Meltzer & David L. Shapiro, Hart and Wechsler’s The Federal Courts and the Federal System (Foundation Press)
- Daniel J. Meador, Thomas E. Baker & Joan E. Steinman, Appellate Courts: Structures, Functions, Processes, and Personnel (LexisNexis)