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Law Criminal Vs. Civil.

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Presentation on theme: "Law Criminal Vs. Civil."— Presentation transcript:

1 Law Criminal Vs. Civil

2 Civil Law Civil Cases- cases where someone/something sues someone/something else to recover damages for loss or injury Damages- an award of money Plaintiff- party suing Defendant- party being sued

3 Types of Civil Cases Negligence Breach of contract Family matters
Property disputes

4 Civil Suits in the News Apple vs. Samsung- a patent dispute

5 Process of bringing a suit
Hire a lawyer to file a complaint with the court The court sends a summons to defendant announcing they are being sued Lawyers on both sides check facts and interview witnesses (discovery) Settlement- defendant offers to pay money to the plaintiff Mediator- helps two sides come up with a solution

6 Trial May be jury most likely judge decides
Plaintiff must only prove defendant was more then likely responsible Loser has the right to appeal Copy chart on p. 450

7 Criminal Cases Penal Code- spells out a states punishments
Parole- early release from prison Judges have sentencing options Suspended sentence (no timed served) Probation Home confinement Monetary fine Imprisonment Death

8 Process Arrest Arraignment- defendant formally presented with crime and bail is reviewed Trial Each side calls witnesses to testify Each side can cross-examine witnesses

9 Verdict Jury goes to room to determine guilt
To convict there must be no reasonable doubt Most cases must have a unanimous verdict Jury can decide to Acquit- vote not guilty Convict- vote guilty Hung jury- no decision can be made Usually benefits the defendant

10 Sentencing Judge decides on sentence after review facts of case
Judge has discretion in most cases The defendant can appeal if they lose Usually appeals say judge made errors or rights were violated Prosecution cannot appeal- double jeopardy Copy Chart on p. 457

11 Other Types of Law

12 Common Law Description Examples
Unwritten laws created based on prior court decisions (precedents) and tradition. Examples PrecedentsZenger trial established freedom of the press

13 Statutory Law Description Example Laws passed by a legislature (Acts)
1964 Civil Rights Act (outlawed segregation in America).

14 Administrative Law Description Example
A regulatory laws created by a government agency Example FDA standards, ‘bleeped’ words on the radio (FCC)

15 Constitutional Law Description Example
A Law created by the Constitution or Supreme Court decision Example No poll tax (24th Amendment), integrated schools (14th Amendment), Judicial Review (Marbury v. Madison)

16 International Law Description Example
laws created to regulate military agreements, trade, human rights & treaties with other nations. Example Geneva Convention Treaty outlaws the use of torture on POWs.

17 History of Law Our Laws are based on 3 historical laws
Hammurabi’s Code Roman Law English Common Law

18 Hammurabi’s Code 1772 BC Hammurabi King of Babylon (Iraq)
Eye for an Eye No trial You do the crime you do the time

19 Roman Law- 12 Tables 450 BC Posted in Public Everyone Aware of Law
Very Procedural (set up how things work)

20 English Common Law 1189AD English Tradition Procedure and punishment
Brought to Colonies Became part of New Governments after revolution Dark Blue: English Common Law used directly Light Blue: Law based on English Common Law used

21 Create Laws You are creating a new country
Create 10 laws and punishments that will be the cornerstone of you society

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