2 Civil LawCivil Cases- cases where someone/something sues someone/something else to recover damages for loss or injuryDamages- an award of moneyPlaintiff- party suingDefendant- party being sued
3 Types of Civil Cases Negligence Breach of contract Family matters Property disputes
4 Civil Suits in the NewsApple vs. Samsung- a patent dispute
5 Process of bringing a suit Hire a lawyer to file a complaint with the courtThe court sends a summons to defendant announcing they are being suedLawyers on both sides check facts and interview witnesses (discovery)Settlement- defendant offers to pay money to the plaintiffMediator- 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 responsibleLoser has the right to appealCopy chart on p. 450
7 Criminal Cases Penal Code- spells out a states punishments Parole- early release from prisonJudges have sentencing optionsSuspended sentence (no timed served)ProbationHome confinementMonetary fineImprisonmentDeath
8 ProcessArrestArraignment- defendant formally presented with crime and bail is reviewedTrialEach side calls witnesses to testifyEach side can cross-examine witnesses
9 Verdict Jury goes to room to determine guilt To convict there must be no reasonable doubtMost cases must have a unanimous verdictJury can decide toAcquit- vote not guiltyConvict- vote guiltyHung jury- no decision can be madeUsually benefits the defendant
10 Sentencing Judge decides on sentence after review facts of case Judge has discretion in most casesThe defendant can appeal if they loseUsually appeals say judge made errors or rights were violatedProsecution cannot appeal- double jeopardyCopy Chart on p. 457
12 Common Law Description Examples Unwritten laws created based on prior court decisions (precedents) and tradition.ExamplesPrecedentsZenger 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 agencyExampleFDA standards, ‘bleeped’ words on the radio (FCC)
15 Constitutional Law Description Example A Law created by the Constitution or Supreme Court decisionExampleNo 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.ExampleGeneva Convention Treaty outlaws the use of torture on POWs.
17 History of Law Our Laws are based on 3 historical laws Hammurabi’s CodeRoman LawEnglish Common Law
18 Hammurabi’s Code 1772 BC Hammurabi King of Babylon (Iraq) Eye for an EyeNo trialYou 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 ColoniesBecame part of New Governments after revolutionDark Blue: English Common Law used directlyLight 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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