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Kansas City, Missouri Trial Litigation – The American Justice System
The American legal system is staggering in its complexity, and its scope and diversity can be overwhelming for the average citizen. The Kansas City, Missouri trial litigation experts at Bottaro, Morefield, Kubin & Yocum, P.C., have provided the following information to help explain some of the most important aspects of legal proceedings in the United States. It is always helpful for potential clients to acquaint themselves with the particulars of trial litigation.
Civil Court vs. Criminal Court
The American judicial system incorporates two main classes of procedures: criminal actions and civil actions. While some cases can be tried in either or both contexts - an assault, for example - the specific characteristics of a civil case are distinct from those of a criminal case. At Bottaro, Morefield, Kubin & Yocum P.C., in Kansas City, Missouri, our trial litigation attorneys focus on civil proceedings.
A criminal case is generally brought on behalf of the people of a given town or state, or sometimes on behalf of the people of the United States at large. Criminal law issues are those that negatively affect these populations by eroding personal and collective rights. The focus is on punishing the wrongdoer. A civil case, by contrast, is one that affects a distinct person or group of people. The focus in a civil case is on making the victim whole or compensating the victim for what happened.
In criminal trial litigation the prosecution must prove guilt – that is, a breach of the law. The law is established to protect the common interest of the citizenry. Thus a breach of the law is also a breach of the common interest. Guilt must be proven beyond a reasonable doubt. In a civil case, on the other hand, the plaintiff’s lawyer must prove liability – responsibility for an occurrence that harmed the plaintiff or plaintiffs. Liability is easier to prove than guilt because it does not necessarily involve a breach of the law. We must prove your case by a "preponderance of evidence." This simply means that we must prove that your position is more likely true than not.
The final major distinction between civil and criminal trial litigation is the outcome. If an individual is convicted in criminal court, he or she is guilty of committing a crime or crimes. He or she may be forced to pay a fine, serve time in prison, or both as defined by the legal code. Guidelines for these punishments are stated in the relevant laws and the judge or jury will determine the specific verdict in each case. Conversely, if a party is found liable in civil court, he or she may be required to pay court expenses and/or damages for personal injury, property damage, or pain and suffering. He or she may also be required to perform or discontinue a certain action or pattern of behavior. Civil litigation usually focuses on a remedy for the victim rather than a punishment for the accused.
The Jury
One of the central features of the American justice system is the jury. Most court cases are tried in front of a jury of citizens who are responsible for rendering a verdict. In order to convict in a criminal case, the jury must agree unanimously. In a civil trial, a majority is generally sufficient in state court to render an official decision. In federal court a unanimous decision is required, even in civil cases. In order to reach the decision it sees fit, the jury is allotted however much time it needs.
The jury is required to maintain strict secrecy in order to uphold the principle of impartiality. This means that jurors must keep their deliberations secret throughout the proceedings. They must also avoid exposure to any news media covering the case and to the participants in the case. All the information the jurors receive in relation to the case must come from official court proceedings only. Violating these conditions constitutes jury tampering or obstruction of justice.
Satisfying the jury is the key to success in civil trial litigation. Part of doing so is selecting the right jurors. The rest involves presenting the relevant information in a format that the jurors can understand and relate to.
Tort
Tort is a term for civil wrongdoing that makes one liable in a civil lawsuit. This is the basic principle that underlies most civil trial litigation. A party or organization behaves in a tortious manner by acting in a way that harms someone else’s body, property, interests, or rights.
There are many types of torts, but the most prevalent torts involve the principle of negligence. Negligence occurs when a party fails to act with the due care owed to other parties under the law. Other important types of torts include nuisance, in which the liable party interferes with the use or enjoyment of someone’s property; defamation, in which the liable party tarnishes the plaintiff’s reputation by making an unsupported assertion of fact; intentional torts, wherein an intentional act on the part of the defendant causes harm to the plaintiff; statutory torts, which is the category that embraces most product liability suits; economic torts, which prohibit interference in a party’s business or economic practices; and competition or anti-trust torts, wherein the defendant interferes with fair business competition.
Contact Bottaro, Morefield, Kubin & Yocum P.C.
Because tort law is so diverse, having seasoned trial litigation lawyers like those at Bottaro, Morefield, Kubin & Yocum P.C., is extremely beneficial to the plaintiff. Contact Bottaro, Morefield, Kubin & Yocum P.C., in Kansas City, Missouri today to speak to a trial litigation attorney.
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Bottaro, Morefield, Kubin & Yocum, P.C.
11300 Tomahawk Creek Parkway Suite 190
Leawood, Kansas 66211
Phone: 913-948-8200
Toll Free: 866-699-5141
Fax: 913-948-8228
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