LAW

I. Civil law A. Legal action between two sides involving money or property (two types) B. Lawsuits 1. Small claims court - $5,000 or less a. bench trial – heard and decided by one judge a. bench trial – heard and decided by one judge 2. Civil trial – involves large sums of money a. jury trial a. jury trial ***NOTE: in civil cases, judge/jury is looking for liability (who is at fault) C. Examples of civil cases : property dispute, family matters (divorce), breech of contract, negligence, personal injury

D. Suit of Equity – lawsuit that seeks fair treatment in a case where there is no previous law or precedent 1. decided by a judge 2. injunction – court order commanding a person or group to stop a certain action a. Example: citizens file a suit of equity to prevent state from building a highway through a park

E. Proceedings/steps of civil case 1. file a complaint (names plaintiff v. defendant) 2. send defendant a summons (order to appear in court) 3. defendant receives complaint and files a written answer (accept or deny) -4. attorneys exchange pleas or compromises -5. Date is set for case and trial will begin

II. Criminal law – two types A. Crimes against people 1. Murder 2. Manslaughter 3. Assault / battery 4. Rape B. Crimes against property 1. arson – burning of property 2. larceny – any type of theft (burglary or robbery) 3. fraud – stealing property by misrepresentation or dishonest means 4. vandalism – destruction of property

C. Victimless crimes – crime with no true victim; difficult to enforce 1. drug use 2. gambling 3. prostitution D. Proceedings / Steps in a criminal case ***for less serious crimes (misdemeanors), cases are tried in state district court; less formal

1. Arrested, read rights, charged, and booked 2. Preliminary hearing – judges hears charges and sets bail; case is sent to grand jury who issue indictments (formal charge) 3. Arraignment – plea guilty or not guilty; plea bargain (lawyers for each side agree guilty in exchange for lesser charge) 4. Going to trial a. prosecutor (state attorney) presents their evidence b. defense attorney presents their evidence c. petit jury (12 members) decide guilt or innocence 5. Verdict – decision of case a. guilty, not guilty (acquittal), hung jury = mistrial; trial starts over b. if guilty, judge does sentencing

E. Sentencing – types of 1. mandatory sentence – judge must issue the sentence the law tells him to 2. indeterminate sentence – judge gives a minimum and maximum sentence (Ex: 10 to 15 years) 3. parole – early release from prison; granted by parole board; must meet with parole officer F. Penalties (usually fines or prison) * purposes of penalties 1. provide punishment in which individuals must pay for their crime (restitution) 1. provide punishment in which individuals must pay for their crime (restitution) 2. protects society; keeps criminals off the street 2. protects society; keeps criminals off the street 3. deterrence: keep others from committing the same crime 3. deterrence: keep others from committing the same crime 4. rehabilitation – prepare lawbreakers to reenter society 4. rehabilitation – prepare lawbreakers to reenter society

III. Other types of law A. Constitutional law – any law dealing with the Constitution B. Administrative law – any law dealing with government agencies / regulatory commissions (FDA, EPA, FBI) C. International law – any laws dealing with foreign countries

IV. Juvenile law A. States set age limit (16, 18) B. A child or teenager who commits crime is called a juvenile delinquent C. Most likely to become delinquent: 1. emotional or mental problems 2. abused or neglected 3. poverty 4. drug and alcohol abuse D. Juvenile Courts 1. Primary goal – rehabilitate 2. Two main types a. neglect / abuse a. neglect / abuse b. delinquency – crimes b. delinquency – crimes 3. Court proceedings a. less formal a. less formal b. not open to public b. not open to public c. no jury trial (bench trial) c. no jury trial (bench trial)

E. Special protections 1. identity is confidential 2. records are confidential 3. no pictures; no fingerprints F. Punishment 1. 1st time offenders – lecture 2. Repeat offenders – community service, reformatory school, juvie hall 3. Neglect cases – juvie becomes ward of state 4. Mental problems = institution 5. probation