Final Exam Review- 2013-2014

1. Final Exam Review- 2013-2014

2. Exam Review Sections • Section 1- History of Law (Chapter 1) • Section 2- Criminal Law (Chapter 5) • Section 3- Civil Law (Chapter 6)

3. 2 Great world Legal Systems Common Law • Originated from England • Tied closely with US Law • Case in front of jury • Builds over time (Case law) • Precedent- means using a prior court ruling to help guide a case Civil Law • From Roman Empire • Strict set of laws • Tried in front of judge • Created by senate/ruler • In US, only Louisiana uses this • Most common form of law in world today

4. Common vs. Positive law Common Law • Laws created over time, by the people • Juries hear cases • Innocent until proven guilty • Used in US by 49 of 50 states today • Merged with equity courts in US Positive Law • Laws created by a King, Queen or religious figure • Tried in front of ruler or appointed ruler • Guilty unless proven innocent • Not used in US or most of world today

5. What are these • Statute- a law created by some elected official or elected body of people (like congress) • Ordinance- a local statute

6. jurisdiction • The power to decide a case • Important because laws differ and the jurisdiction can decide the penalty • The legal act is decided where it took place • Jurisdiction applies with local laws, state laws or federal laws

7. Codes • Laws organized into some group • Criminal Codes, business codes, civil codes or administrative codes, such as social security laws or DMV laws

8. Stare decisis • Latin term meaning to adhere to decided cases • Important because it’s a common law rule that allows older case decisions to be used as a guide for future cases • It allows the law to be built over time

9. equity • Legal term meaning fairness • Making sure all people are given a fair trial and if a criminal matter, making sure they have a lawyer • Fairness also applies to a judge

10. Case law • Built by the judicial branch of government • Judicial meaning courts • Judges rule and these cases are considered “precedent” (Guides) for future cases to be decided

11. ADMINISTRATIVE LAW • Laws created by elected bodies of officials • Department of Motor vehicles, Social Security or Medicare • Can come in form of taxes or fees to government

12. DIFFERENCE BETWEEN CRIMINAL LAW AND Tort (Civil) law • Crimes are against society • Crimes are punishable by jail, fine or death • Crimes must be proven based on beyond a reasonable doubt • Government is the prosecution always • Torts are against a person or business • Torts involve property rights and lawsuits • Torts are proven based on a preponderance of evidence • Plaintiff is side bringing the lawsuit Harder to prove Easier to prove than crime

13. Why are crimes against society? • All of society pays for a persons criminal acts • We pay tax dollars for police, judges, public attorneys (District Attorney or Public Defender) • Cost involved to upkeep jails or prisons • Criminal acts effect the way people view any part of society as well

14. Why are torts against a person? • Lawsuit is an argument over property • Asking court to make defendant pay damages ($$, property or some form of restitution) • Restitution- the damages ($$) paid to a plaintiff for their loss • Person against person • Person against business • Business against person • Business against business • Person or business against Govt • Gov’t against person or business

15. Substantive law vs. procedural law • Substantive law is based on the definition (Statute) of the law broken • Part of both criminal cases and tort cases • Forcing the plaintiff or prosecution to meet their burden • Self defense, immunity • Procedural law is based on a persons legal rights • Miranda rights in a criminal case • Serving a defendant court papers in a civil case • Allowing a defendant NOT to testify against their rights in court Law itself Rights of a person

16. Elements of a crime and a tort CRIME • Duty (The statute) • Breach (Broke the law or statute) • Intent (Meant to commit the act and do evil) TORT • Duty (Care owed to another person) • Breach (Broke the duty of care) • Injury (Harm recognized by the law) • Causation (Proof the breach caused the injury) Based on Law Based on Property Rights

17. Crimes with no intent to convict • Speeding (Infraction) • Parking ticket (Infraction) • Manslaughter (Felony offense meaning murder without intent)

18. Criminal Defense • Act in which a criminal defendant tries to escape criminal liability • Innocent until proven guilty • Because it’s a criminal offense, you are “GUARANTEED” a lawyer (No guarantee with civil/tort offense)

19. Purpose of crimes • Punishment! • Not to rehabilitate, not to educate but to punish the wrongdoer

20. Crimes- types of theft • Larceny- commonly known as theft. Can be petit or grand, depending on the amount stolen • Burglary- breaking into a building with the intent to commit a crime • Robbery- taking property off a person

21. Crimes- embezzlement • Taking something that has been entrusted to you “Without” permission • Ex) You work for a bank and you take money without permission • ** Its still a crime if you pay it back later

22. Crimes- vicarious liability • This means you are held liable for the acts of another person • Ex) An employee of yours destroys someone elses property while on the job, you as the owner can be held responsible for the acts of the employee

23. Crimes- extortion vs. bribery • Extortion is commonly known as blackmail • Ex) Telling an employee to work overtime for free or you will report them to the IRS for not paying taxes • Illegal, because you must report by law • Bribery- unlawfully offering something of value to influence a person • Ex) Giving a teacher money to pass you • Both sides can be found guilty of this crime Blackmail Influencing with $$

24. Crimes- false pretenses • False Pretenses means lying about a past or existing fact • Type of fraud • Meaning to intentianlly mislead another person

25. Criminal penalties • Petty Offense- type of lower level misdemeanor. Also known as Infraction. Commonly a speeding or parking ticket which leads to a fine • Misdemeanor- Less than 1 year in local prison and less than $1,000 fine or both • Felony- More than 1 year in state or federal prison, more than $1,000 fine or death

26. All crimes are classified as Misdemeanor • A less serious crime • Speeding is a misdemeanor that results in a fine • Fines are criminal, NOT civil Felony • More serious crimes like murder, rape or armed robbery • Punishment much more severe • On a persons records for life Misdemeanor Felony

27. Civil or tort law • Against a person or business • A lawsuit, NOT charges • Plaintiff looking for restitution or damages (Getting back what they lost) • Burden of proof on plaintiff to prove their case, but burden much lower than a criminal case • Everyone can be held responsible (including minors or mentally impaired people)

28. Types of damages • Compensatory- to compensate a plaintiff for their losses. Always asked for in every lawsuit. Another name for compensatory damages is “actual” damages • Punitive- meant to punish a defendant. Hard to get. Asked for “Over and Above” the compensatory damage.

29. 3 categories of civil acts • Intentional- Where the defendant meant to commit the tort. Examples include assault, battery or illegal trespass. • Negligence- based on “carelessness” and also the “Most common” tort • Liability- When the defendant is held responsible for their actions no matter what

30. Tort acts • Conversion- tort version of theft • Fraud- Intentionally misrepresentation of an important fact. A form of false pretenses. • Defamation- Intentionally trying to harm a persons reputation. Spoken-Slander, Written libel • Assault- A threat • Battery- A physical act

31. What must be proven first in every lawsuit? • INJURY • No injury no case • Must also prove the breach caused the injury (Causation)

32. Who determines the duty in a civil case? • JUDGE • Breach? (Jury)

33. lawsuits • Civil act can cause a lawsuit • You are trying to protect your property rights, including yourself • File a case • Judge reviews • Case is either continued, dropped or they start to settle • If settlement is agreed to, no trial • Most cases are settled

34. Rights we have • Protected by civil and criminal statutes • Property rights • Safety rights • Employment rights • Educations rights • More?

35. Elements of Crime vs. tort (civil)? • Duty • Breach • Intent • Duty • Breach • Injury (prove first) • Causation

36. All crimes are categorized into 2 groups, what are they? • Misdemeanors and felonies • Infractions are lower-level misdemeanors

37. What are the 2 great systems of law in the world today? • English Common law and Roman Civil Law

38. Of the 2 systems of law, which one is used in the US in 49 of 50 states? • Common Law • Only Louisiana uses civil law

39. Which type of law is practiced most around the world? • Roman Civil Law

40. Name 4 things to describe a crime? • Against Society • Based on punishment • You are guaranteed a lawyer • High burden of proof • Jail, fines or death • Misdemeanor or felony • Government always is prosecutor

41. Name 4 things to describe a Tort? • Against a person or business • Based on restitution or damages • You are NOT guaranteed a lawyer • Lower burden of proof than a crime • Damages can be $$, property or judge ordered • Intentional, negligence or liability • Plaintiff is the side suing

42. QUESTIONS??

43. Thank you • I wish you all the best and hope you consider future law or business courses • Please see me with any individual questions or concerns about the exam, future classes or other questions I may answer