PERSONAL LAW

Final Exam Review- January 2015

EXAM REVIEW SECTIONS Section 1- History of Law

(Chapter 1) Section 2- Criminal Law (Chapter

5) Section 3- Civil Law (Chapter 6)

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

CRIMINAL AND CIVIL LAW

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 showing evidence of claim

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 Government 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 (Substituted for other 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

CRIMINAL CLASSIFICATIONS Infraction- “Also known as petty offense”

and is a lower level misdemeanor (Parking ticket)

Misdemeanor- Less than 1 year in jail, up to $1,000 fine and not on a persons permanent record

Felony- 1 year or more in state or federal prison, $1000 or more in fines, death and on a person’s permanent record

CIVIL OR TORT LAW Against a person or business No Jail or punishment Restitution or damages are

asked for to get person back what they lost

Everyone can be held responsible (including minors or mentally impaired people)

CIVIL TRIALS Rarely happen (only 2-3% go to trial) Most are settled before the case goes to

trial (Lawyers do not want to risk losing damages)

6-8 jury members, rather than 12 in a criminal trial

“Majority” of jurors must agree, NOT all Can be a bench trial (Judge only) Must show proof the defendant

damaged something of yours

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

INTENTIONAL TORTS Only tort that requires that the

defendant intended to commit the act

Since intent is required, it’s a bit tougher to prove than other torts

Usually higher forms of restitution available

NEGLIGENCE Careless act that led to someone

getting injured Does not require intent Injury must have occurred

(Careless act with no injury means no case)

Most civil acts start as a negligence case

STRICT LIABILITY A defendant is held liable

(Responsible) for their actions whether they were negligent or had intent

Usually based on a business, property or when someone is responsible for others

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 (Judge can

throw claim out with no injury) Must also prove the breach

caused the injury (Causation)

WHO DETERMINES THE DUTY IN A CIVIL CASE?

JUDGE Breach? (Jury)

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

QUESTIONS??

You have all been a “Wonderful” class! I wish you all luck with the rest of your school year and hope to see you again in class in the future.

Please see me if you have any questions on other class offerings.