People discover what rights they actually have when they are confronted by the state under criminal prosecution or under a civil suit. The body of law dealing with how to go to court and the rules of what to do is called Procedural Law.

When a crime is committed -i.e. breaking of a criminal law-, the state seeks a suspect that it believes committed the crime and prosecutes him. A civil case is between two private parties and deals with a contract breakdown or a noncriminal wrong (a tort) committed by one against the other. Jail is not an option in a civil case.

Each person is under two jurisdiction under the nature of our American system: the federal and the State in which the incident took place. There a specifically federal crimes (like kidnapping, and mail fraud) and state crimes (rape, murder, theft, etc.) Some crimes can be picked up by federal law (drugs, and those involving interstate issues). Federal civil cases must involve either federal (constitutional) issues or the litigants must come from different states. Otherwise, your civil case will be tried in the state judicial system where you live.

We should all be aware of the legal procedure by which these actions are carried out.

1. a warrant for the arrest of a person. (remember how warrants shall issue!)

2. this is followed by an arraignment or indictment in which the charges against the person is made known to him and to which the state -as prosecutor- will through the trial procedure seek conviction of the person -the defendant- for such charges. The defendant has a like opportunity to defend himself against such charges.

3 A discovery process ensues during which both the prosecution and the defendant (with his lawyer) both have a right to gather all available evidence and witnesses in preparation for a trial.

4. A pretrial hearing is scheduled to clarify or possibly focus the issues for the trial. These days a Plea Bargain arrangement, 95%, is generally made here to preempt the need for trial. We’ll comment on this alternative below.

5. Lastly the trial takes place where the prosecution must make its case beyond a reasonable doubt to the jury.

1. a complaint filed be the one who feels he was wronged in some way or in the breakdown of some contract. He is called the plaintiff, the other side complained about is the defendant.

2. The defendant answers the complaint to establish his position with regard to the issue of the complaint.

3. A discovery process takes place by both plaintiff and defendant incorporating the collection of evidence and witnesses, by means of depositions, production of documents, interrogatories, and affirmations on information relevant for the trial on the issues of the complaint.

Hearings may occur during this discovery process to either clarify or enforce discovery procedures or to temporarily make arrangements between the obligations of the litigants (plaintiff and defendant) until the matter is decided after the trial.

4. After discovery is completed, a pretrial is setup to focus the issue for trial -eliminating some issues perhaps. It is at this stage that plaintiff and defendant may make an agreement between themselves that would preempt the need for a trial. This is most often the case, 90%.

5. Lastly a trial takes place, if no full agreement is made, where each side defends his position and requests determination of the matter by the judge -after the jury finds either for the plaintiff or defendant. The jury may help in deciding the nature and amount of award. If you may suffer the loss of a constitutional right-such as legal or physical custody of your child, the burden of proof against you -such as your fitness - must be clear and convincing.

The losing party in both these processes, criminal and civil, can appeal to a higher (Appeal) court if he feels that the trial, the judgment, or procedures leading to it were unfair in some respect.