Final Exam Review-
2012-2013
EXAM REVIEW SECTIONS Section 1- History of Law
(Chapter 1) Section 2- Criminal Law (Chapter
5) Section 3- Civil Law (Chapter 6) Section 4- Ethics (Chapter 2)
2 GREAT WORLD LEGAL SYSTEMS
Common Law Originated from
England Tied closely with US
Law Case in front of jury Builds over time
(Case law) Precedent- means
using a prior court ruling to help guide a case
Civil Law From Roman Empire Strict set of laws Tried in front of judge Created by
senate/ruler In US, only Louisiana
uses this Most common form
of law in world today
COMMON VS. POSITIVE LAW
Common Law Laws created over
time, by the people
Juries hear cases Innocent until
proven guilty Used in US by 49
of 50 states today Merged with
equity courts in US
Positive Law Laws created by a
King, Queen or religious figure
Tried in front of ruler or appointed ruler
Guilty unless proven innocent
Not used in US or most of world today
WHAT ARE THESE Statute- a law created by some elected official or elected body of people (like congress)
Ordinance- a local statute
JURISDICTION The power to decide a case Important because laws differ and the jurisdiction can decide the penalty
The legal act is decided where it took place
Jurisdiction applies with local laws, state laws or federal laws
CODES Laws organized into some group
Criminal Codes, business codes, civil codes or administrative codes, such as social security laws or DMV laws
STARE DECISIS Latin term meaning to adhere to decided cases
Important because it’s a common law rule that allows older case decisions to be used as a guide for future cases
It allows the law to be built over time
EQUITY Legal term meaning fairness
Making sure all people are given a fair trial and if a criminal matter, making sure they have a lawyer
Fairness also applies to a judge
CASE LAW Built by the judicial branch of government
Judicial meaning courts Judges rule and these cases are considered “precedent” (Guides) for future cases to be decided
ADMINISTRATIVE LAW Laws created by elected bodies of officials
Department of Motor vehicles, Social Security or Medicare
Can come in form of taxes or fees to government
DIFFERENCE BETWEEN CRIMINAL LAW AND TORT (CIVIL) LAW
Harder to proveEasier to prove than
crime
Crimes are against society
Crimes are punishable by jail, fine or death
Crimes must be proven based on beyond a reasonable doubt
Government is the prosecution always
Torts are against a person or business
Torts involve property rights and lawsuits
Torts are proven based on a preponderance of evidence
Plaintiff is side bringing the lawsuit
WHY ARE CRIMES AGAINST SOCIETY? All of society pays for a persons
criminal acts We pay tax dollars for police,
judges, public attorneys (District Attorney or Public Defender)
Cost involved to upkeep jails or prisons
Criminal acts effect the way people view any part of society as well
WHY ARE TORTS AGAINST A PERSON? Lawsuit is an argument over property Asking court to make defendant pay
damages ($$, property or some form of restitution)
Restitution- the damages ($$) paid to a plaintiff for their loss
Person against person Person against business Business against person Business against business Person or business against Govt Gov’t against person or business
SUBSTANTIVE LAW VS. PROCEDURAL LAW
Law itself Rights of a person
Substantive law is based on the definition (Statute) of the law broken
Part of both criminal cases and tort cases
Forcing the plaintiff or prosecution to meet their burden
Self defense, immunity
Procedural law is based on a persons legal rights
Miranda rights in a criminal case
Serving a defendant court papers in a civil case
Allowing a defendant NOT to testify against their rights in court
ELEMENTS OF A CRIME AND A TORT
Based on Law Based on Property Rights
CRIME Duty (The
statute) Breach (Broke
the law or statute)
Intent (Meant to commit the act and do evil)
TORT Duty (Care owed to
another person) Breach (Broke the
duty of care) Injury (Harm
recognized by the law)
Causation (Proof the breach caused the injury)
CRIMES WITH NO INTENT TO CONVICT Speeding (Infraction) Parking ticket (Infraction) Manslaughter (Felony offense meaning murder without intent)
CRIMINAL DEFENSE Act in which a criminal defendant tries to escape criminal liability
Innocent until proven guilty Because it’s a criminal offense, you are “GUARANTEED” a lawyer (No guarantee with civil/tort offense)
PURPOSE OF CRIMES
Punishment! Not to rehabilitate, not to educate but to punish the wrongdoer
CRIMES- TYPES OF THEFT Larceny- commonly known as theft. Can be petit or grand, depending on the amount stolen
Burglary- breaking into a building with the intent to commit a crime
Robbery- taking property off a person
CRIMES- EMBEZZLEMENT Taking something that has been entrusted to you “Without” permission
Ex) You work for a bank and you take money without permission
** Its still a crime if you pay it back later
CRIMES- VICARIOUS LIABILITY This means you are held liable for the acts of another person
Ex) An employee of yours destroys someone else's property while on the job, you as the owner can be held responsible for the acts of the employee
CRIMES- EXTORTION VS. BRIBERY
Blackmail Influencing with $$
Extortion is commonly known as blackmail
Ex) Telling an employee to work overtime for free or you will report them to the IRS for not paying taxes
Illegal, because you must report by law
Bribery- unlawfully offering something of value to influence a person
Ex) Giving a teacher money to pass you
Both sides can be found guilty of this crime
CRIMES- FALSE PRETENSES False Pretenses means lying about a past or existing fact
Type of fraud Meaning to intentianlly mislead another person
CRIMINAL PENALTIES Petty Offense- type of lower level
misdemeanor. Also known as Infraction. Commonly a speeding or parking ticket which leads to a fine
Misdemeanor- Less than 1 year in local prison and less than $1,000 fine or both
Felony- More than 1 year in state or federal prison, more than $1,000 fine or death
ALL CRIMES ARE CLASSIFIED AS
Misdemeanor Felony
Misdemeanor A less serious
crime Speeding is a
misdemeanor that results in a fine
Fines are criminal, NOT civil
Felony More serious
crimes like murder, rape or armed robbery
Punishment much more severe
On a persons records for life
CIVIL OR TORT LAW Against a person or business A lawsuit, NOT charges Plaintiff looking for restitution or
damages (Getting back what they lost)
Burden of proof on plaintiff to prove their case, but burden much lower than a criminal case
Everyone can be held responsible (including minors or mentally impaired people)
TYPES OF DAMAGES Compensatory- to compensate a
plaintiff for their losses. Always asked for in every lawsuit. Another name for compensatory damages is “actual” damages
Punitive- meant to punish a defendant. Hard to get. Asked for “Over and Above” the compensatory damage.
3 CATEGORIES OF TORTS Intentional- Where the defendant
meant to commit the tort. Examples include assault, battery or illegal trespass.
Negligence- based on “carelessness” and also the “Most common” tort
Liability- When the defendant is held responsible for their actions no matter what
TORT ACTS Conversion- tort version of theft Fraud- Intentionally
misrepresentation of an important fact. A form of false pretenses.
Defamation- Intentionally trying to harm a persons reputation. Spoken-Slander, Written libel
Assault- A threat Battery- A physical act
WHAT MUST BE PROVEN FIRST IN EVERY LAWSUIT?
INJURY No injury no case Must also prove the breach
caused the injury (Causation)
WHO DETERMINES THE DUTY IN A CIVIL CASE?
JUDGE Breach? (Jury)
DEFINITION OF ETHICS Decision must be about
something right and wrong It must be reasoned (Thought
out) It must be impartial (Fair to all)
** In addition, the decision must effect some other person in some significant way
WHY MUST ETHICS BE A PART OF THE LAW? Judge makes sure the trial is
impartial (Fair) by applying the same ethical standards to everyone in the court
Each person is judged based on circumstances and facts presented, not some pre-determined beliefs
Attorneys allow the jury to reason out their decisions based on what is presented to them at the trial
ELEMENTS OF CRIME VS. TORT (CIVIL)?
Duty Breach Intent
Duty Breach Injury
(prove first)
Causation
ALL CRIMES ARE CATEGORIZED INTO 2 GROUPS, WHAT ARE THEY?
Misdemeanors and felonies
Infractions are lower-level misdemeanors
WHAT ARE THE 2 GREAT SYSTEMS OF LAW IN THE WORLD TODAY?
English Common law and Roman Civil Law
OF THE 2 SYSTEMS OF LAW, WHICH ONE IS USED IN THE US IN 49 OF 50 STATES?Common LawOnly Louisiana uses civil law
WHICH TYPE OF LAW IS PRACTICED MOST AROUND THE WORLD?
Roman Civil Law
NAME 4 THINGS TO DESCRIBE A CRIME? Against Society Based on punishment You are guaranteed a lawyer High burden of proof Jail, fines or death Misdemeanor or felony Government always is
prosecutor
NAME 4 THINGS TO DESCRIBE A TORT? Against a person or business Based on restitution or damages You are NOT guaranteed a lawyer Lower burden of proof than a
crime Damages can be $$, property or
judge ordered Intentional, negligence or liability Plaintiff is the side suing