Law Criminal Vs. Civil

1. Law Criminal Vs. Civil

2. Civil Law • Civil Cases- cases where someone/something sues someone/something else to recover damages for loss or injury • Damages- an award of money • Plaintiff- party suing • Defendant- party being sued

3. Types of Civil Cases • Negligence • Breach of contract • Family matters • Property disputes

4. Civil Suits in the News • Apple vs. Samsung- a patent dispute

5. Process of bringing a suit • Hire a lawyer to file a complaint with the court • The court sends a summons to defendant announcing they are being sued • Lawyers on both sides check facts and interview witnesses (discovery) • Settlement- defendant offers to pay money to the plaintiff • Mediator- helps two sides come up with a solution

6. Trial • May be jury most likely judge decides • Plaintiff must only prove defendant was more then likely responsible • Loser has the right to appeal • Copy chart on p. 450

7. Criminal Cases • Penal Code- spells out a states punishments • Parole- early release from prison • Judges have sentencing options • Suspended sentence (no timed served) • Probation • Home confinement • Monetary fine • Imprisonment • Death

8. Process • Arrest • Arraignment- defendant formally presented with crime and bail is reviewed • Trial • Each side calls witnesses to testify • Each side can cross-examine witnesses

9. Verdict • Jury goes to room to determine guilt • To convict there must be no reasonable doubt • Most cases must have a unanimous verdict • Jury can decide to • Acquit- vote not guilty • Convict- vote guilty • Hung jury- no decision can be made • Usually benefits the defendant

10. Sentencing • Judge decides on sentence after review facts of case • Judge has discretion in most cases • The defendant can appeal if they lose • Usually appeals say judge made errors or rights were violated • Prosecution cannot appeal- double jeopardy • Copy Chart on p. 457

11. Other Types of Law

12. Common Law • Description • Unwritten laws created based on prior court decisions (precedents) and tradition. • Examples • PrecedentsZenger trial established freedom of the press

13. Statutory Law • Description • Laws passed by a legislature (Acts) • Example • 1964 Civil Rights Act (outlawed segregation in America).

14. Administrative Law • Description • A regulatory laws created by a government agency • Example • FDA standards, ‘bleeped’ words on the radio (FCC)

15. Constitutional Law • Description • A Law created by the Constitution or Supreme Court decision • Example • No poll tax (24th Amendment), integrated schools (14th Amendment), Judicial Review (Marbury v. Madison)

16. International Law • Description • laws created to regulate military agreements, trade, human rights & treaties with other nations. • Example • Geneva Convention Treaty outlaws the use of torture on POWs.

17. History of Law • Our Laws are based on 3 historical laws • Hammurabi’s Code • Roman Law • English Common Law

18. Hammurabi’s Code • 1772 BC • Hammurabi King of Babylon (Iraq) • Eye for an Eye • No trial • You do the crime you do the time

19. Roman Law- 12 Tables • 450 BC • Posted in Public • Everyone Aware of Law • Very Procedural (set up how things work)

20. English Common Law • 1189AD • English Tradition • Procedure and punishment • Brought to Colonies • Became part of New Governments after revolution Dark Blue: English Common Law used directly Light Blue: Law based on English Common Law used

21. Create Laws • You are creating a new country • Create 10 laws and punishments that will be the cornerstone of you society