final exam review- january 2015. section 1- history of law (chapter 1) section 2- criminal law...
TRANSCRIPT
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.