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Memorandum - Research Paper Example

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Name: Course Date: MEMORANDUM To: The new Chief Judge of the State of Confusion From: Administrative assistant Date: February 28, 2013 Re: Why civil cases take long to get trial compared to criminal cases Issues 1. Why do civil cases take so long to get to trial?…
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Download file to see previous pages The procedure for the discovery process entails presentation of a complaint to a court of law by the plaintiff, opening of a case file by the court clerk, issuance of court orders or summons together with a copy of complaint to the plaintiff to deliver to the defendant, and filing of responses by the defendant, after which the actual trial follows. However, the components of each of the step in the discovery and proceeding process may vary and thus the time taken to realize the whole discovery process may extend. 2. Criminal cases reach trial so rapidly because of the short discovery and pleading process. After the accused is arrested, he/she is presented to the police, who in turn arraign the suspect in a court of law, following the provisions of the laws regarding speedy trial rules and continuances. Yes, such a dichotomy should always be there because it is only through the dichotomy (stages of the discovery and pleading process) that the fine but very crucial details of civil cases are addressed. 3. The lawyers play a great role in prolonging this period since they are the ones who advise the parties involved, while also filing disputes, motions to dismiss the complaint, and answers required by the court. The more issues raised by the lawyers in disputing, requesting for dismissal or involving other parties to the case, the longer it will take before the trial commences. Statement of Facts Civil cases and criminal cases are very different owing to the nature of accusations contained in either of the cases and the procedures by which both civil and criminal cases are brought to courts. Civil cases, also known as civil suits, refer to a type of case where an individual, a group of individuals, or an organization is accused of damages (Carper, McKinsey, and West 132). On the other hand, criminal cases refer to the type of cases where the state or any authorized regional body prosecutes an individual or group of individuals for breaking the law that has been established. Additionally, while the verdict for a criminal case may end up committing an individual to imprisonment, a civil case gives a verdict regarding the payment of damages in the event that the accused is found liable for the accusations leveled against them (Resnik 165). Owing to these differences, it therefore follows that there are chances that the two cases can run for different durations. This is because the procedure for a civil case is fundamentally different from that of a criminal case. There are certain aspects of the two cases that account for the differences in the duration applicable for the two cases. Discussion of the Issues The civil case basically applies four procedures, starting with pleading, then pre-trial, trial and finally judgment. It is these procedures that explain why a civil case is likely to take long before it gets to trial, compared to a criminal case. Pleading entails the process by which the plaintiff raises accusations against the defendant in a court of law, seeking to be compensated in form of damages for a wrong committed by the defendant. After the presentation of a claim, the claim is filed by the court clerk, after which the plaintiff is then issued an order and a copy of the complaint to deliver to the defendant (Hall 385). This procedure is different from that of a criminal case where the accused is directly arrested and taken to the police custody, awaiting to be arraigned in court to begin the trial. This makes the civil case procedure more time consuming since ...Download file to see next pagesRead More
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