criminal and civil law ch. 16: civics. lesson 1 directions: complete the chart information about...

CRIMINAL AND CIVIL LAW CH. 16: CIVICS

LESSON 1

DIRECTIONS: COMPLETE THE CHART INFORMATION ABOUT CIVIL LAW, CRIMINAL LAW, AND THE JUVENILE JUSTICE SYSTEM. Civil LawCriminal LawJuvenile Justice Types of Cases Disputes between parties over contracts, property, family issues, and personal injury Parties Involved Prosecutor and defendant (accused person) Processes Custody, intake, detention hearing, adjudication hearing, disposition hearing Results Case dismissed, diversion, acquittal, youth found delinquent

Civil LawCriminal LawJuvenile Justice Types of Cases Disputes between parties over contracts, property, family issues, and personal injury Misdemeanors, felonies Neglect of juvenile or crime by juvenile Parties Involved Plaintiff (who claims injury) and defendant (accused of causing injury) Prosecutor and defendant (accused person) Prosecutor and defendant (juvenile) Processes Complaint, summons, written answer, discovery, trial, verdict Arrest, preliminary hearing, indictment, arraignment, trial Custody, intake, detention hearing, adjudication hearing, disposition hearing Results Settlement out of court, or trial with either party winning; defendant may have to pay damages Guilt by pleading guilty or through verdict or acquittal Case dismissed, diversion, acquittal, youth found delinquent

DIRECTIONS: READ EACH SCENARIO CAREFULLY. DECIDE WHETHER CRIMINAL OR CIVIL LAW WOULD APPLY IF THE MATTER WENT TO COURT. Scenario 1: A hospital patient dies. An investigation reveals that, because of sloppy record keeping, the patient was given the wrong dose of a medication. Answer: Civil Law

DIRECTIONS: READ EACH SCENARIO CAREFULLY. DECIDE WHETHER CRIMINAL OR CIVIL LAW WOULD APPLY IF THE MATTER WENT TO COURT. Scenario 2: A hospital patient dies. An investigation reveals that someone secretly injected the patient with a deadly dose of a medication. Answer: Criminal Law

DIRECTIONS: READ EACH SCENARIO CAREFULLY. DECIDE WHETHER CRIMINAL OR CIVIL LAW WOULD APPLY IF THE MATTER WENT TO COURT. Scenario 3: A tenant is three months behind in paying her rent. The landlord uses his key to enter the tenants apartment when she is not home. He takes money out of her desk drawer to cover the back rent. Answer: Criminal Law

DIRECTIONS: READ EACH SCENARIO CAREFULLY. DECIDE WHETHER CRIMINAL OR CIVIL LAW WOULD APPLY IF THE MATTER WENT TO COURT. Scenario 4: A tenant is three months behind in paying her rent. The landlord tells the tenant that she will have to pay the back rent or move out of the apartment. Answer: Civil Law

DIRECTIONS: READ EACH SCENARIO CAREFULLY. DECIDE WHETHER CRIMINAL OR CIVIL LAW WOULD APPLY IF THE MATTER WENT TO COURT. Scenario 5: George goes to his neighbor Walters house to complain that Walters icy sidewalk is dangerous for pedestrians. Walking toward the front door, George slips and falls on the icy driveway and breaks his hip. Answer: Civil Law

DIRECTIONS: READ EACH SCENARIO CAREFULLY. DECIDE WHETHER CRIMINAL OR CIVIL LAW WOULD APPLY IF THE MATTER WENT TO COURT. Scenario 6: George gets into an argument with his neighbor Walter, complaining that Walters icy sidewalk is dangerous for pedestrians. Walter gets angry and pushes George, who falls down on Walters icy driveway and breaks his hip. Answer: Criminal Law

DIRECTIONS: READ EACH SCENARIO CAREFULLY. DECIDE WHETHER CRIMINAL OR CIVIL LAW WOULD APPLY IF THE MATTER WENT TO COURT. Scenario 7: An elderly millionaire dies, and in her will leaves all her money to her butler. The millionaires children give evidence that the butler poisoned their mother and forged her will. Answer: Criminal Law

DIRECTIONS: READ EACH SCENARIO CAREFULLY. DECIDE WHETHER CRIMINAL OR CIVIL LAW WOULD APPLY IF THE MATTER WENT TO COURT. Scenario 8: An elderly millionaire dies, and in her will leaves all her money to her butler. The millionaires children claim that the will is invalid because the butler forced their mother to make him her heir. Answer: Civil Law

TYPES OF CIVIL LAW Contract Law: laws governing formal agreements between two or more parties Property Law: laws governing the buying, selling, use, and upkeep of real estate (land and buildings) Family Law: laws covering family relationships, including matters such as birth, adoption, marriage, divorce, and death Personal Injury Law: laws covering wrongful actions that result in injury to persons or damage to property

LESSON 1: SEQUENCING COMPLETE A DIAGRAM LIKE THIS ONE TO SHOW THE STEPS IN A LAWSUIT

PROPERTY LAW Most of the property laws that protect and regulate homeowners are state and local laws. However, the federal government can become involved in property matters. Since the 1960s, there have been a number of federal fair housing laws and presidential executive orders designed to prevent discrimination based on race, color, national origin, religion, age, sex, and family status in any transaction involving the purchase or rental of property. The federal government is also likely to step in when the nation is experiencing economic hardship. In February 2009, for example, President Barack Obama introduced a plan to help homeowners. His Making Home Affordable program set up ways for struggling homeowners to get financial relief and avoid foreclosure.

IS IT NEGLIGENCE? Inside a grocery store, a wet, slippery floor from a broken and spilled gallon of milk causes several shoppers to slip and fall. Some of them suffer minor injuries, such as bruises and sprains. The store owner would be considered negligent. Why? A traffic light is not working properly after a strong thunderstorm. Because both directions show green lights, a minor accident occurs between two drivers at the intersection. The drivers should have used greater caution in approaching the intersection after the storm. But the city is still found to be negligent. Why?

CIVIL PROCESS What is a complaint? A. a notice for someone to appear in court to defend themselves B. a formal notice that a lawsuit has been brought C. an agreement between parties to resolve a dispute D. a wrongful act for which an injured party has the right to sue B. a formal notice that a lawsuit has been brought 1. Plaintiffs attorney files a complaint

CIVIL PROCESS When a court sends a summons to a defendant, the defendant must A. appear in court to answer a complaint or a charge B. agree to resolve a dispute C. pay for injuries or losses suffered D. check facts and gather evidence A. appear in court to answer a complaint or a charge 2. Court sends a summons to defendant

CIVIL PROCESS Who is the defendant? A. the person who files a lawsuit B. the person who has suffered an injury or a loss C. the person who is being sued D. the person who serves a formal notice that a lawsuit has been filed C. the person who is being sued 3. Defendants attorney files a written answer

CIVIL PROCESS After the attorneys have exchanged pleading documents, they have an opportunity to check facts and gather evidence. This process is known as A. tort B. summons C. settlement D. discovery 4. Attorneys for both sides exchange pleading documents

CIVIL PROCESS One of the major differences between criminal and civil trials is that in civil trials, A. both the plaintiff and the defendant are represented by attorneys B. the plaintiff has to present a preponderance of evidence C. either a judge or a jury may decide the case D. the defendant may appeal the verdict B. the plaintiff has to present a preponderance of evidence 5. Attorneys for plaintiff and defendant argue cases in court

CIVIL PROCESS A court verdict is a A. formal notice that a lawsuit has been brought B. decision of the court C. notice directing someone to appear in court D. process by which lawyers check facts and gather evidence B. decision of the court 6. Court gives a verdict

LESSON 2

SENTENCING OPTIONS Execution Convicted person is sentenced to die; this form of punishment is not permitted in some states Imprisonment Convicted person is sentenced to jail or prison Work Release Convicted person works in the community, but returns to jail at night or on weekends House Arrest Sentence is served at home; the person must wear an electronic device that allows authorities to track his or her location Community Service Convicted person completes a certain number of hours of unpaid, supervised work that benefits the local community. Probation Convicted person is released but monitored by a probation officer Suspended Sentence Sentence does not have to be served unless the person gets into more trouble with the law Fine Convicted person pays the government a sum of money set by the court Restitution Convicted person pays back or makes up for whatever loss was suffered by the victim of the crime or the victims family. Community Service Convicted person completes a certain number of hours of unpaid, supervised work that benefits the local community. Severe Punishment Milder Punishment

SEQUENCING: AS YOU READ, CREATE A DIAGRAM SHOWING WHAT TAKES PLACE IN A CRIMINAL CASE AFTER AN ARREST HAS BEEN MADE.

FINGERPRINTING People in different parts of the world have used fingerprinting for thousands of years. It was first used in the United States in 1882 by surveyor Gilbert Thompson. He put his own prints on a survey to prevent forgery. After that, it wasnt long before law enforcement agencies caught on to fingerprinting. By the turn of the 20 th century, federal, state, and local police departments in the United States were using fingerprints to help solve crimes. In 1924, the Federal Bureau of Investigations (FBI) centralized fingerprinting files, making it much easier to identify repeat criminals. Today, the FBI uses a computerized system to keep the fingerprints of more than 34 million criminals on file. Soon, new technology may allow law enforcement officers to fingerprint suspects in the field.

LESSON THREE Juvenile Justice

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70% 30% Every 29 seconds, another student gives up on school. More than one million American high school students drop out every year. Dropouts are more likely than high school graduates to be in poor health, on public assistance, and single parents of children who also drop out of high school. There are nearly 2,000 high schools in the United States where 40% of the typical freshman class leaves school by its senior year. Dropouts earn $9,200 less per year than high school graduates and more than 1 million less over a lifetime than college graduates. Dropouts were more than twice as likely as high school graduates to slip into poverty in a single year and three times more likely than college graduates to be unemployed.

DIRECTIONS: WRITE THE STEPS OF THE JUVENILE PROCESS IN THE CHART. Step 1:Step 2:Step 3:Step 4:Step 5:

DIRECTIONS: WRITE THE STEPS OF THE JUVENILE PROCESS IN THE CHART. Step 1: Arrest Juvenile is taken into custody Step 2: Intake A social worker decides how the juveniles case should be handled Step 3: Detention Hearing: The state shows there is a good reason to believe the juvenile committed the offense Step 4: Adjudication Hearing: This hearing is similar to an adult trial, but closed to the public Step 5: Disposition Hearing: This hearing is similar to a sentencing hearing in an adult case

JUVENILE JUSTICE HISTORY Before 1825: Juvenile criminals were punished and confined the same way as adults. 1825 1899: Juvenile offenders were confined in youth-only facilities known as houses of refuge and reform schools. 1899 1925: States set up juvenile court systems 1925 1967: Juvenile cases were treated as civil, not criminal, cases; acting in the best interests of the child, juvenile courts could order juveniles removed from their homes 1967 1971: Supreme Court extended due process protections to juveniles 1990s Now: There is a trend toward trying juvenile offenders as adults

criminal and civil law ch. 16: civics. lesson 1 directions: complete the chart information about...

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