The Law

Two Types of Law:

1.Civil Law – disputes among two or more individuals, or between individuals and the government.

2.Criminal Law – causes injury or harm to people, or to a society in general.

Types of Civil LawContracts – written legal agreement

between parties who agree to do, or not do something.

Expressed Contract – terms are specifically stated by the parties.

Implied Contract – terms of the contract can be inferred from the actions of people involved and the circumstances.

Types of Civil LawProperty law – cases dealing with

ownership of property

Real property – land & anything attached to or growing on that land

Personal property – moveable things like clothes and jewelry. Intangible things like stocks, copyrights, patents

Mortgage – loan to pay for a house

Types of Civil LawFamily Law – cases dealing with

relationships between family members

Marriage

Divorce

Child custody

Types of Civil LawTorts or Civil Wrongs – lawsuits

Any wrongful act, other than breach of contract, that the injured party has the right to sue for damages in civil court.

Punitive damages – money awarded to the injured party as punishment for the person causing the injury.

Steps in Civil CasesParties involved:

Plaintiff – person bringing charges in the law suit.

Can sue for money

Can ask for an injunction – an order than makes the defendant stop a certain action.

Defendant – the person being sued.

Steps in Civil CasesHiring a lawyer – most people involved in

civil cases will need a lawyer.

The lawyer will work for a contingency fee – percentage of the money won.

The lawyer may also choose to work for an hourly fee.

Steps in Civil CasesFiling the complaint

Complaint – legal document filed with the court that states the charges against the defendant.

Summons – official notice of the lawsuit. Includes the date, time & place of the hearing.

Defendants lawyer can ask for the case to be dismissed. If the judges refuses the defendant must file an answer to the charges.

Steps in Civil CasesPretrial discovery – both sides

prepare for trial.

Check facts

Interview witnesses

Gather evidence

Examine records

Steps in Civil Cases Resolution without trial – 90% of all cases

are settled before trial.

Either side can propose a settlement at any time.

The court can require the case be settled out of court.

Mediation – each side explains its side of the story. An arbitrator (like a judge) will review evidence and decide how to settle the case.

Steps in Civil CasesTrial – used only if all other ways of settling

the case do not work.

May be heard by a judge or a jury – group of 6 to 12 people who hear evidence and issue a verdict – a decision.

The plaintiff presents its side first.

The defendant presents second.

Both side summarize their case, and the judge or jury issues the verdict.

Steps in Civil Cases The Award – if the plaintiff wins the court

awards damages, injunctive relief, or both.

Damages – money awarded to the plaintiff.

Injunctive Relief – requires the defendant to stop a certain action.

The loser may appeal the case, or refuse to pay.

If the defendant refuses, the plaintiff can still collect by taking $ from defendants paycheck, or seizing property from the defendant.

Criminal Law The government

charges someone with a crime that causes injury or harm to people, or society in general.

Most criminal cases are heard at the state level.

The Federal Justice System is the system of state & federal courts, judges, lawyers, police, and prisons that are responsible for enforcing criminal law.

Types of Crimes Misdemeanor –

crimes punishable by a fine, or a jail time of less than 1 year.

Vandalism

Public intoxication

Disorderly conduct

DUI

Simple Assault

Felonies – very serious crimes that are punishable by jail time or more than 1 year, or death.

Kidnapping

Rape

Murder

Forgery

Fraud

Steps in a Criminal CaseInvestigation – the police believe

a crime has been committed & start to collect evidence. Try to convince a judge to issue a warrant to arrest the suspect.

Arrest Warrant – legal document that gives police permission to arrest the suspect. Lists the suspect’s name and the alleged crime.

Steps in a Criminal Case Arrest – the police can arrest someone

without a warrant if they catch the person in the process of committing a crime, or if they have reasonable suspicion that the person has broken the law.

Person taken to station where charges are recorded, or “booked”.

Can be fingerprinted, photographed, put in a lineup, etc.

Suspects can refuse to answer questions until their attorney is present.

Steps in a Criminal Case Initial Appearance – the

arrested person goes before the judge for the 1st time.

Judge explains charges.

If the charge is a misdemeanor, the defendant can plead guilty & the judge can decide a penalty. If the defendant pleads not guilty, the judge sets a date for trial.

If the charge is a felony, the defendant is usually not asked to enter a plea.

The judge will also decide if the defendant should be held until trial, or released.

The person will be held if the judge thinks they will not return for trial.

The judge may set bail – an amount of money left with the court until they return for trial. Bail can be denied.

8th Amendment – bail must fit the crime.

Steps in a Criminal CaseEach state can choose

between two methods for deciding if there is enough evidence for a trial.

1.Grand jury

2.Preliminary Hearing

Steps in a Criminal CaseGrand Jury – group of citizens who review

the charges to decide if there is enough evidence to issue an indictment

Indictment – formal criminal charge

Grand jury hearings are held in private.

Attorneys can observe, but cannot make statements.

Steps in a Criminal CasePreliminary hearing

Prosecution presents the case to a judge.

Defendant’s lawyer can present evidence on behalf of the accused.

If the judge thinks there is enough evidence the case moves to the next step.

Charges are dropped if the judge does not find probable cause.

Steps in a Criminal CasePlea bargaining – the pretrial process

where the prosecutor, defense lawyer, and police work out an agreement where the defendant pleads guilty to a less severe crime.

90% of cases end in plea bargaining.

Used to decrease the number of cases that go to trial each year.

Steps in a Criminal CaseArraignment or pleas

Arraignment – judge reads the charges in an open courtroom.

The defendant is represented by an attorney.

The judge may question the defendant to see if they understand the charges.

Steps in a Criminal CaseDefendant enters 1 of 4 pleas:

1. Not guilty

2. Not guilty by reason of insanity

3. Guilty

4. Nolo Contendere (no contest) – indirectly admits guilt. Does not go on the person’s record as a guilty plea. Judge decides punishment, and the person may begin their sentence immediately.

Steps in a Criminal Case Trial – the process through which a person’s guilt

or innocence is established.

6th amendment – guarantees that the trial will start as quickly as possible.

In felony trials, the defendant can choose between a jury trial and a bench trial.

Bench trial – heard by a judge

Prosecution presents case against the defendant. Witnesses can be called and evidence is presented.

Steps in a Criminal CaseThe defense attorney can cross-examine

the prosecution’s witness.

Either side can object to statements or actions by the other side.

The defense can call witnesses and the prosecuting attorney can cross-examine those witnesses.

Steps in a Criminal Case5th Amendment – defendants do not have to

testify against themselves. Refusal to testify does not automatically mean the person is guilty.

Attorneys from both sides present closing arguments that summarize the case and respond to the opposition’s case.

Steps in a Criminal CaseThe Decision

Jury members go to the jury room and deliberate – decide if the defendant is guilty or not guilty.

Jury deliberations are secret and have no time limit.

Steps in a Criminal CaseAfter deliberation the jury foreperson

reads the verdict to the court.

Verdict – decision in the case; usually requires that all jury members agree to the decision.

Hung jury – a jury that cannot agree on a verdict. The court will usually declare a mistrial in these cases.

Steps in a Criminal Case Sentencing – when punishment is

given to the defendant.

Not guilty = released immediately

Guilty = given a sentence

A monetary fine ($$$$)

A prison sentence

Probation

Community Service

Death penalty