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

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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

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Determining Foreign Law

Find out about Determining Foreign Law in this context in this American legal encyclopedia.

Subpoena

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Objecting to a Ruling or Order

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Selecting of Jurors

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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.

Trials