The Justice System1
Basic Types of Law: Civil Law
Involve disputes among individuals (or groups of individuals) – 4 basic types
Contract – legally enforceable promises between two parties
Property – use and ownership of property
Family – deals with family issues: marriage, divorce, custody, emancipation
Tort – any wrongful act that someone is liable for (that isn’t a contract)
Parties involved
DEFENDing themselves
Object: Plaintiff generally seeking one or more of the following
Damages ($)
Injunction
Writ of Mandamus
Cases decided by juries, unless sides agree to let judge decide
If plaintiff wins, defendant generally pays court fees (and of course any monies awarded)
If defendant wins, plaintiff pays court fees
3
Civil Law in Pop Culture
Judge Judy, Judge Joe Brown, The People’s Court, Texas Justice, etc.
Reflective of “small claims” court
Maximum value ranges from $1,000-$5,000
NOT real!
When actions are in conflict with law
Petty offenses – minor crimes – usually get citation
Misdemeanors – more serious – fines or jail sentences (usually <1 year)
Felonies – the bad ones
Determines whether there is enough for trial or not
If yes, hand up an indictment, if no, case is dismissed
In many cases (misdemeanors and some felonies) use an information rather than indictment
Arraignment
Decisions as to whether laws mesh with Constitutions
Determine Constitutional meaning and application
7
“Justice is blind”
Procedural – the process is fair
Substantive – the law is fair
Adversary System
8
Bankrobber
2007
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