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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