civil law civil cases- cases where someone/something sues someone/something else to recover damages...
TRANSCRIPT
Law Criminal Vs. Civil
Civil LawCivil Cases- cases where someone/something
sues someone/something else to recover damages for loss or injury
Damages- an award of moneyPlaintiff- party suing Defendant- party being sued
Types of Civil CasesNegligenceBreach of contractFamily mattersProperty disputes
Civil Suits in the NewsApple vs. Samsung- a patent dispute
Process of bringing a suitHire a lawyer to file a complaint with the
courtThe court sends a summons to defendant
announcing they are being suedLawyers on both sides check facts and
interview witnesses (discovery)Settlement- defendant offers to pay money to
the plaintiffMediator- helps two sides come up with a
solution
TrialMay be jury most likely judge decidesPlaintiff must only prove defendant was more
then likely responsibleLoser has the right to appeal
Copy chart on p. 450
Criminal CasesPenal Code- spells out a states punishmentsParole- early release from prisonJudges have sentencing options
Suspended sentence (no timed served)ProbationHome confinementMonetary fineImprisonment Death
ProcessArrestArraignment- defendant formally presented
with crime and bail is reviewedTrial
Each side calls witnesses to testifyEach side can cross-examine witnesses
VerdictJury goes to room to determine guilt
To convict there must be no reasonable doubtMost cases must have a unanimous verdictJury can decide to
Acquit- vote not guiltyConvict- vote guiltyHung jury- no decision can be made
Usually benefits the defendant
Sentencing Judge decides on sentence after review facts
of caseJudge has discretion in most cases
The defendant can appeal if they loseUsually appeals say judge made errors or
rights were violatedProsecution cannot appeal- double jeopardy
Copy Chart on p. 457
Other Types of Law
Common LawDescription
Unwritten laws created based on prior court decisions (precedents) and tradition.
ExamplesPrecedentsZenger trial established freedom of
the press
Statutory LawDescription
Laws passed by a legislature (Acts)
Example1964 Civil Rights Act (outlawed segregation in
America).
Administrative LawDescription
A regulatory laws created by a government agency
ExampleFDA standards, ‘bleeped’ words on the radio
(FCC)
Constitutional LawDescription
A Law created by the Constitution or Supreme Court decision
ExampleNo poll tax (24th Amendment), integrated
schools (14th Amendment), Judicial Review (Marbury v. Madison)
International LawDescription
laws created to regulate military agreements, trade, human rights & treaties with other nations.
ExampleGeneva Convention Treaty outlaws the use of
torture on POWs.
History of LawOur Laws are based on 3 historical laws
Hammurabi’s CodeRoman Law English Common Law
Hammurabi’s Code1772 BCHammurabi King of
Babylon (Iraq)Eye for an EyeNo trial
You do the crime you do the time
Roman Law- 12 Tables450 BCPosted in PublicEveryone Aware of
LawVery Procedural (set
up how things work)
English Common Law1189ADEnglish Tradition Procedure and
punishmentBrought to ColoniesBecame part of New
Governments after revolution
Dark Blue: English Common Law used directlyLight Blue: Law based on English Common Law used
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