Courts provide a formal setting for resolving disputes when private
efforts fail or when legal authority is required to reach a binding
outcome. They exist to apply established law to specific conflicts and to
deliver decisions that parties are obligated to follow.
Civil and criminal cases reach courts in slightly different ways. Click
through the stages in the graphic below for examples of the process of
bringing each type of case to court.
Civil Cases
To illustrate how a civil dispute moves through the court system, consider
a common example: a disagreement between a tenant and a landlord over the
return of a security deposit. In this type of case, the steps might unfold
as follows:
Attempt Informal Resolution: The tenant first
informally requests their deposit and documents communications and
conditions.
File a Complaint: With no informal resolution, the
tenant files a civil complaint. The landlord is formally served and
receives a deadline to respond.
Motions and Discovery: The landlord files an answer,
and the two sides file various motions (requests for action) and
exchange evidence (discovery).
Settlement Efforts: Attorneys attempt negotiations,
mediation, or settlement to resolve the case without
trial.
Trial and Judgment: Each side presents evidence and
arguments, and the judge decides responsibility.
Criminal Cases
To understand how a criminal case moves through the justice system,
consider a hypothetical burglary prosecution. In this type of case, the
steps might proceed as follows:
Report and Investigation: Police respond to a
burglary report, interview witnesses, and collect
evidence.
Arrest and Indictment: If probable cause develops,
police arrest the suspect and the case is referred to prosecutors.
Prosecutors seek an indictment, formally initiating charges. The
defendant is then advised of these charges.
Pretrial Procedures: The defendant pleads not guilty,
and both sides begin submitting motions and exchanging
evidence.
Plea Negotiations: The prosecutor and defense attempt
to resolve the case by having the defendant plead guilty in exchange
for a reduced sentence.
Trial and Sentencing: If no plea occurs, the case
goes to trial, where the prosecution must prove beyond a reasonable
doubt in front of a jury. If convicted (whether by plea or verdict),
the judge imposes a sentence within statutory limits.