Law, Justice, and Society: A Sociolegal Introduction

1. Law, Justice, and Society:A Sociolegal Introduction Chapter 7 Civil and Administrative Law

2. Civil and Administrative Law • Civil law is private law in that it governs transactions between non-government entities such as corporations and private individuals

3. Civil and Administrative Law • Designed to provide remedies for individuals harmed by others • To manage social conflict • Restore social harmony (Myren 1988) • Provides a means by which disputes between private parties can be resolved without the use of force • Has its own substantive and procedural law, as well as precedent

4. Civil and Administrative Law • Complaint is filed by plaintiff • Redress given in form of • monetary damages (punitive damages) • injunctions • specific performance (particular actions the defendant must perform) • Defendant may appeal verdict or judgment to higher court

5. Civil and Administrative Law • Burden of proof in civil trial: • proof by a preponderance of the evidence • evidence indicates that it is more likely than not that the defendant committed the wrongful act • Also, clear and convincing evidence: • punitive damages • involuntary commitment

6. Civil and Administrative Law • Many rights provided in a criminal trial are not present in a civil trial: • no exclusionary rule • no right to remain silent • diminished right to cross-examine hostile witnesses • no legal obligation for the state to provide an attorney for indigent defendants

7. Civil and Administrative Law Differences between criminal and civil law

8. Civil and Administrative Law • Divided into four main categories: 1. Property 2. Contracts 3. Torts 4. Family law

9. Civil and Administrative Law Product of English common law • Protection of ownership rights • Property: the right of possession or ownership • Includes: • personal • real • intellectual • Pierson v. Post 1804 • City of Oakland v. Oakland Raiders 1980 Property Law

10. Civil and Administrative Law • Interests are rights • Freehold estate: a person owns a piece of property • fee simple estate: possession ends at death • fee simple absolute state: possession does not revert to original owner at death • tenancy in common • Non-freehold estate: the right to use property Interests in Real Property

11. Civil and Administrative Law • Easement: limited right to use the property of another for a specific purpose • Adverse possession • generally only affects property abandoned by original owner • Nuisance doctrine: property owner may not use their property in such a way that it has an unreasonable, adverse affect on other property owners • must keep property reasonably safe Interests in Real Property (cont.)

12. Civil and Administrative Law • Bailment: when a person transfers possession of one item to another for a particular purpose with the understanding that it will be returned • A transfer of possession, not ownership Interests in Personal Property

13. Civil and Administrative Law • Legally enforceable promises • Elements of a valid contract: 1. At least two parties 2. Must be capable (have legal capacity) of signing a contract 3. Must agree to terms of the contract (assent) in good faith 4. Must have both a promise and consideration 5. Can be either written or verbal Contracts

14. Civil and Administrative Law • Breach of contract: when terms of contract are not met • Uniform Commercial Code • Sullivan v. O’Conner 1973 • National Labor Relations Board vs. Bildisco & Bildisco 1984 Contracts (cont.)

15. Civil and Administrative Law • The body of law associated with harm caused to the plaintiff by the action/inaction of defendant(s) • Exists to determine what harm has been done, and how best to remedy such harm so that the plaintiff is in a position similar to the one prior to the harm • Damages are awarded to the harmed; usually monetary Torts

16. Civil and Administrative Law • Intentional acts • defendant deliberately caused harm • Negligent acts • the defendant had a duty to act in a certain way; the defendant breached that duty; harm resulted • ordinary care standard • Lubitz v. Wells 1955 • Strict liability Categories of Torts

17. Civil and Administrative Law • Challenge causal and duty issues • Affirmative defenses: • contributory negligence: if an injured party is partially responsible for their injuries, they are barred from recovering from a tortfeasor • comparative negligence: apportions responsibility • consent and immunity (sovereign immunity) Defenses to Torts

18. Civil and Administrative Law Tort Reform • An effort to limit what is seen as frivolous lawsuits • Has become a highly politicized issue • Reduce the “sue the bastards” attitude

19. Civil and Administrative Law • Focused on dissolution of marriages • Marriage is a legal contract • Requirements for marriage: • license • legal capacity (age, sound mind) • presence of someone legally permitted to acknowledge marriage • witnessed marriage vows • Common law marriage • DOMA (1996)—same sex couples cannot marry Family Law

20. Civil and Administrative Law • Requires grounds • No-fault • Major fault • Annulment: legal declaration that not all requirements were met, ergo, marriage never existed Divorce

21. Civil and Administrative Law • Division of property • Dual property state • All-property state • Child custody: based on custodial status of parents

22. Civil and Administrative Law • Reynolds v. United States 1878 • Skinner v. Oklahoma 1942 • Loving v. Virginia 1967 • Zablocki v. Redhail 1978 • Turner v. Sufley 1987 Supreme Court and the Right to Marry

23. Civil and Administrative Law Forces Affecting Marriage and the Family • The role of women • Increasing mobility • Employment and education opportunities • Technological changes in fertility science

24. Civil and Administrative Law Administrative and Regulatory Law • Branch of public law involving governmental administrative agencies • Include the making, enforcement, and adjudication of regulatory agendas • Investigates complaints, conducts onsite inspections, and requires annual reports • Hearings • represented by juries • no juries • appealed to civil courts

25. Civil and Administrative Law • Administative Procedure Act (APA) of 1946 established the basic procedural standards for federal agencies • Administrative agencies have an almost exhaustive spectrum of functions (OSHA, FDA, SEC, etc.)

26. Civil and Administrative Law Administrative and Regulatory Law (cont.) • Appeals: • Chevron Deference

27. Civil and Administrative Law Administrative Law and Corporate Crime • Not reported by UCR • People who define crime and its seriousness same people who have vested interests in businesses • Administrative agencies often run by business people who go in and out of government and business • Agencies are not under USDOJ, although criminal charges can be pressed

28. Civil and Administrative Law Changes to Administrative Laws • Sarbanes-Oxley Act • White Collar Crime Penalty Enhancement Act • Recent court cases: • WorldCom • Adelphia Communications Corp • Enron