Federal Court Basics
Part 008

How Does a Case Come into a Federal Court?

Courts can't reach out to decide controversies on their own initiative They must wait for someone to bring the controversy to them. Moreover, courts only decide legal controversies. They are not intended to decide every disagreement that individuals have with one another, or to give advice.

Civil cases. A federal civil case begins when someone‑or more likely someone's lawyer‑files a paper with the clerk of the court that stat, claim against another person believed to have committed a wrong act. In legal terminology, the plaintiff files a complaint against defendant. The defendant may then file an answer to the complaint These written statements of the parties' positions are called pleadings

Criminal cases. Beginning a federal criminal case is more complicated A criminal case usually begins when a lawyer for the executive branch the U.S. government‑the U.S. attorney or an assistant U.S. attorney‑tells a federal grand jury about the evidence that, according the government, indicates a person committed a crime. That per may or may not already have been arrested when the grand jury me The U.S. attorney will try to convince the grand jury that there is enough evidence to show that the person probably committed the crime , should be formally accused of it. If the grand jury agrees, it issues formal accusation, called an indictment.

A grand jury is different from a trial jury, also called a petit jury grand jury determines whether the person should be released or h for further proceedings; a petit jury listens to the evidence presented at the trial and determines whether the defendant is guilty of the charge. "Petit" is the French word for "small"; petit juries usually consist twelve jurors in criminal cases and from six to twelve jurors in civil cases. "Grand" is the French word for "large"; grand juries have from sixteen to twenty‑three jurors.

After the grand jury issues the indictment, the accused person defendant) is arrested, if not already under arrest. The next step is arraignment, where the defendant is brought before a judge and asked to plead "guilty' or "not guilty' of the crime. If the plea is "guilty," a time is set for the defendant to return to court to be sentenced. If the defendant pleads "not guilty," a time is set for the trial.

Grand jury indictments are most often used for felonies, which are the more serious crimes, such as bank robberies*. Grand jury indictments are not usually necessary to prosecute less serious crimes, called misdemeanors, and are not necessary for all felonies. Instead, the U.S. attorney issues an information, which takes the place of an indictment. Typical misdemeanors are disturbing the peace (a state misdemeanor) and speeding on a highway in a national park (a federal misdemeanor)

Federal Court Basics-Table of Contents
Part 003-Map: Geographical boundaries of U.S. Courts of Appeals and U.S. District Courts-pdf

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