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Resolving Conflict: Resolving Conflict: Judicial Process Judicial Process (Continued)(Continued)

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-Can take years to settle in court because of so many cases

• Most settle out of court

Steps:

-File a Complaint

• Formal statement naming plaintiff, defendant, and nature of lawsuit

-Summons is issued

• Sent to the defendant to inform them of the case

-Attorney’s exchange pleadings

• The complaint and the defendant’s answer together

-Court presentations

• Attorneys present cases

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Civil Court Procedure

Civil Court Procedure-Judge or jury deliberate

•“Preponderance of evidence”

•Whoever has best evidence wins

-Verdict is issued

•Plaintiff wins = remedy set

•Plaintiff loses = gets nothing and pays court costs

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Criminal Cases

-Criminal Case

-law that deal with cases involving violations of criminal code

• Government charges defendant with a crime and is always the prosecution

• “State vs. ___________”

-Penal Code

set of written laws and punishments designed by each state and the federal government to describe crimes

• Police officers, lawyers, and judges must know it

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Types of Criminal Cases -Misdemeanors

• Lesser crimes

-Felonies

• Serious/violent crimes

-Crimes against Property

Larceny, Burglary, Robbery

Vandalism, Fraud, Embezzlement

-Crimes against People

Murder

Manslaughter

Rape

Kidnapping

Assault5

Criminal Punishments -Penalties vary according to the seriousness of the crime committed

(8th Amendment)

-Crime against people will carry greater punishments -Role of Punishment

-rehabilitation, deterrence

• Goal is to help criminals learn to re-enter society and be productive

• Keep others from committing crimes

-Indeterminate Sentencing

-Judge gives a range of sentences

• Depends on judge, politics, etc.

-Mandatory Sentencing

-3 strike laws: 3 times charged = jail time

-Parole

• Early release from jail6

Legislative Process:

How a bill becomes a law

Who can propose a law?Who can propose a law?

• Anyone can suggest an idea for a law.• However, only a Member of Congress can take a

proposed law to the House of Representatives or the Senate.

Introduction Bill must be

introduced by a member of Congress.

Bill receives number

• H.R. for House of Representatives

• S. for Senate

• Where do money bills begin?

The Standing Committee

This is a permanent committee in the House & Senate that studies bills.

Both the house and Senate have Standing committees. They exist because they deal with topics that always come up i.e. Agriculture, Education, Defense

The Subcommittee

After going to the Standing Committee

Bills are sent to a subcommitteeThey are created for a purpose…Temp

A more detailed analysis of a bill.

Ex.: If it’s a bill about education, what specifically does it want to do?

SchedulingAKA Time Limits for Debate

Senate: scheduling by the Majority Leader’s office

House Rules Committee – This Committee determines

the order in which bills come up for a vote on the House floor.

The Senate does not have a Rules Committee, This means that

There are no individual time limits in the Senate for debating bills.

Time limits for the House are per person to speak

Time limits for the Senate are overall time to pass the bill

http://www.youtube.com/watch?v=HX8aFpnWxPA

Filibuster: When a Senator is talking a bill to death

Strom Thurmond- 24hrs and 18 min. straight filibuster]

against the Civil Rights Act of 1967 (longest recorded filibuster by one Senator in U.S. History)

For example: They read the dictionary, homemade recipe's (anything, because there is no time limit)

*There is a time limit for the House of Representatives

To prevent a handful of Senators from using a filibuster to halt

the passage of a popular bill, the Senate adopted Cloture, 3/5 of Senate has to be in favor to end debate.

Conference Committee Conference committees are

created to resolve disputes between the House and Senate Versions of the bill

Remember that each comes up with their own version of the bill then they create one copy for the president look at. If they cannot agree, it starts over at the top.

Conference committees have members of both houses to accomplish this.

To the White House Review / soundings Options

Sign Law without signature. Bill sit on his

desk for 10 days without signing it while Congress is in session, then becomes a law

Veto (subject to override) Pocket veto. If, after 10 days, he has

not signed it and Congress is no longer in session, the bill does not become a law

Line-Item Veto – The power of the President to remove specific spending items from bills passed by Congress. (In 1998, the Supreme Court ruled the line-item veto to be unconstitutional).

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Review: Types of Review: Types of LawsLaws

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Common LawCommon Lawn Began in EnglandBegan in Englandn Deals with the use of Deals with the use of

precedentprecedentn Covers nearly all Covers nearly all

aspect of human lifeaspect of human lifen Judge-made law that Judge-made law that

has developed over has developed over centuriescenturies

n enforcement - judicial enforcement - judicial systemsystem

– Why?Why?

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Criminal LawCriminal Law n Law that defines public wrongs and Law that defines public wrongs and

provides for their punishmentsprovides for their punishmentsn Murder, rape, arson, shopliftingMurder, rape, arson, shoplifting

– Derived from the Code of HammurabiDerived from the Code of Hammurabi– Used as a deterrent and punishment Used as a deterrent and punishment

n Felonies, misdemeanorsFelonies, misdemeanors

n Enforcement - police handle the Enforcement - police handle the crimes, but this is between private crimes, but this is between private parties and society. parties and society.

n What are possible punishments for a What are possible punishments for a criminal case? criminal case?

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Civil LawCivil Law

n Relates to human conduct Relates to human conduct - lawsuits- lawsuits

n Disputes between private Disputes between private parties – Divorces, custody parties – Divorces, custody disputes, contractsdisputes, contracts

n Often deal with MoneyOften deal with Moneyn Enforcement - always Enforcement - always

between private partiesbetween private parties

– What are possible What are possible punishments for civil casespunishments for civil cases 20

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Constitutional LawConstitutional Law

n Based on US and State constitutionsBased on US and State constitutionsn Deals with judicial interpretations of Deals with judicial interpretations of

these documentsthese documentsn Enforcement - Judicial interpretation Enforcement - Judicial interpretation

carries out these laws. carries out these laws. n Ay time a supreme court makes a Ay time a supreme court makes a

decision, they establish a decision, they establish a constitutional law.constitutional law.

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Administrative LawAdministrative Lawn The body of rules and regulations, The body of rules and regulations,

and orders and decisions created by and orders and decisions created by administrative agencies of administrative agencies of government government 

n Noise ordinances, Teen curfew, Noise ordinances, Teen curfew, Zoning regulations, Speed Limits, Zoning regulations, Speed Limits, FDA RegulationsFDA Regulations

n Always passed a regulatory agecyAlways passed a regulatory agecyn Enforcement- the individual Enforcement- the individual

agencies pass these laws. agencies pass these laws. 22

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Statutory LawStatutory Law

n Laws made by congress, general Laws made by congress, general assembly, initiatives, and assembly, initiatives, and referendums referendums

n Patriot Act, Federal Income Tax Patriot Act, Federal Income Tax laws, Drug uselaws, Drug use

n Any law passed by congress…it Any law passed by congress…it includes civil, criminal, and most includes civil, criminal, and most other types of lawsother types of laws

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International LawInternational Lawn A set of rules generally regarded and A set of rules generally regarded and

accepted as binding in relations accepted as binding in relations between states and nationsbetween states and nations

n Human Rights, refugees, war crimes, Human Rights, refugees, war crimes, extraditionextradition

n International groups (such as UN) International groups (such as UN) handle and enforce these. Pacts are handle and enforce these. Pacts are made between countries and enforced made between countries and enforced by them. by them.

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