CRIMINAL LAW/CIVIL LAW:

React to the answer below for the following questions:

1. Now that you have explored the court process for both criminal and civil cases, Explain some of the key differences in how criminal and civil cases are handled.
2. Frivolous lawsuits are well publicized and the effects of them can be felt throughout society.Read the following stories and discuss how frivolous suits should be handled.Ex. Should they be blocked from the courts, is it the attorney's responsibility to prevent them, is ADR a reasonable solution, etc.

• Dr. Oz case
• Frivolous Suits

ANSWER:

"Criminal cases and civil cases have key differences in the manner in which they are handled. Criminal cases are initiated when a crime is reported, investigated, and an arrest is made. Civil cases are initiated when there is some sort of physical or economic injury which turns into a grievance that is taken to court. The four key steps in the pretrial phase of civil litigation are pleadings, discover, motions, and pretrial conference. The major steps in the pretrial phase of criminal cases are initial appearance, preliminary hearing, and bail or detention. At the end of a civil litigation case, the guilty party must pay for emotional or physical damages. At the end of a criminal case, the defendant will either face punishment (ie. Fines, jail time, or community service), or will be free to go if found innocent.

I believe everyone should have access to our court system, no matter the topic of their grievance. However, I do believe that attorneys have a responsibility to value the importance of not adding undue burden to an already taxed legal system. It should be more important to utilize court resources on non-frivolous cases than to try to get an unethical payday. Not only do frivolous cases hurt the courts, but they can also hurt companies who don't deserve it. Attorneys play a vital role in reining in those kinds of cases. I think having the option of ADR can also be a reasonable solution for cases that can be negotiated outside of a court room. "

-What do you think of this answer?

-which part would you agree or disagree?

-what are the strong and weak points in this answer?