chapter 4 classification of the law. 2 substantive and procedural law o substantive law o defines...
TRANSCRIPT
Chapter 4Classification of the Law
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Substantive and Procedural Law
o Substantive Lawo Defines our legal rights and
dutieso e.g. we have a duty to obey
speed limits
o Procedural Lawo Rules that govern how the legal
system operateso e.g. Statute of Limitations, Right
to an Attorney, Jurisdiction
Federal Law
o When do federal laws apply?o Constitutional issueo Federal Statutes (IRS, Immigration)o Regulations of a Federal Agency
o What can the federal government regulate?o Anything that the Constitution
specifically stateso Lay and collect taxes, establish post
offices
o Interstate Commerce (under Art 1 §8)o Congress has the power to regulate
interstate commerce and anything that has an “effect upon” interstate commerce
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Federal Law
o Preemptiono Allows the federal government to
prevent the states from passing conflicting laws
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State Law
o States can make any laws that are appropriate for the health, welfare, safety, and morals of their citizenso Criminal laws, contracts, torts,
property, marriage, family issues
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Civil v. Criminal Law
o Civil Lawo Between 2 private parties
o Criminal Lawo Violation against society
o Standard of Proofo Civil: Preponderance of the Evidence
o More likely true than not
o Criminal: Beyond a Reasonable Doubt
o Proof must be so conclusive and complete that all doubts regarding the facts are removed from the jurors’ minds
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Civil v. Criminal Law
Civil Criminal
Type of Harm Private injury Harm to society
Names of Parties Plaintiff/Defendant State/Defendant
Prosecutor of the claim Usually an individual Government
Standard of Proof Preponderance of the evidence
Beyond a reasonable doubt
Judgment Liable/not liable Guilty/not guilty
Sanctions/Remedies Damages/injunction/specific performance
Imprisonment/fines/death
Source of Law Common law/statutes Statutes
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Criminal Law
o Felonieso Serious crimes that can be punished
by a year or more in state prison
o Misdemeanorso Less serious crimes served by less
than one year in county jail
o Prosecutors must establish a Prima Facie Case to support a guilty verdicto Establishes the elements of the crime
o Defendants then present their defense
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Civil Law
o Plaintiff must establish valid cause(s) of actiono A cause of action is a claim that
based on the law and the facts is sufficient to demand judicial action
o Defendant then establishes his/her defenses or affirmative defenses
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Damages
o Compensatory Damageso Compensate the plaintiff for the
harm doneo E.g. medical bills, lost time off
work, pan and suffering
o Punitive Damageso Designed to punish the defendanto Typically awarded only for
intentional torts
o Nominal Damageso Awarded when the law has been
violated but the plaintiff cannot prove monetary harm
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Areas of Civil Law
o Contractso Agreement between two or more
partieso Offer, acceptance, consideration
o Property Lawo Real propertyo Personal property
o Tortso A private wrong in which a person is
harmed because of another’s failure to carry out a legal duty
o Intentional Torts: battery, assault, defamation
o Negligence: failure to act reasonablyo Strict Liability
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Negligence
o Prima Facie Caseo Duty: the defendant owed the
plaintiff a duty of careo Breach: the defendant breached
that dutyo Causation: the breach causedo Harm: the plaintiff harm
o Defenses:o Contributory Negligenceo Assumption of the Risk
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