II. Kinds Of Laws

Two Kinds of Laws: Criminal Regulate public conduct, set out duties owed society Brought by the government against a person charged with committing a crime Penalties can include: Imprisonment Fines Placed under supervision

Two Kinds of Laws: Criminal - Divided into categories Felonies - more serious crimes Ex: Murder, Robbery Penalty is more than a year in prison Misdemeanors – less serious than felonies Ex: minor theft, simple assault One year in prison or less

Two Kinds of Laws: Civil - Regulate relations between individuals or groups Civil Action – When you sue someone Usually when you feel you have been wronged or injured by another person Awards can be: money (common), specific performance (you have to do something), injunction (you must stop doing something)

Kinds of Laws Summary Offense Penalty less than 90 days Ex: Retail theft less than $150 (first time) Selling tobacco to minors

Kinds of Laws Summary Offenses Penalty is less than 90 days Ex: Selling tobacco to minors Ex: Retail Theft (first time, less than $150) Ex: Illegal Use of Shopping Carts

Two Kinds of Laws: Civil - Common Types of Cases: Injuries caused by car accidents Breach of contract cases Trespass onto property Divorce and Child Custody Landlord Evictions

Two Kinds of Laws: Criminal Cases – Result in GUILT Civil Cases – Result in LIABILITY

Two Kinds of Laws: Sometimes, there is an overlap. OJ Simpson LA District Attorney brought a CRIMINAL case against him Had to prove guilt BEYOND A REASONABLE DOUBT RESULT?  NOT GUILTY

Two Kinds of Laws: Several Months Later: Family of Ron Goldman brought Civil Suit against OJ Simpson Basis of suit – Wrongful death Goldmans had to prove OJ was liable (not guilty) by a PREPONDERANCE OF THE EVIDENCE More likely than not true Result? OJ LIABLE

Two Kinds of Laws: WHY WAS THERE A DIFFERENT OUTCOME? Different standards of proof Higher in the criminal court We are going to require a higher standard if we are going to send someone to jail – or impose the death penalty - as opposed to taking their money