Types of Law

Criminal & Civil Law Most people are familiar with Criminal law Fraud, Driving while intoxicated, murder, robbery Civil Law regulates noncriminal behavior

Criminal & Civil Law Public Law concerns violations of Constitutional rights and actions of government agencies. International law is the law of relations between countries.

Criminal & Civil Law The types of law that affect Americans directly are criminal and civil law. They help maintain the peace and keep an orderly society.

Criminal Law The purpose of criminal law is to keep people from deliberately and recklessly harming each other or each others property.

Criminal Law In criminal cases the government is always the Plaintiff. Plaintiff- the party that brings charges against the alleged criminal. The reason the government is the plaintiff is because it assumes all society is victim of the criminal’s actions.

Criminal Law The individual being charged with a crime is the defendant. 95% of criminal trials are for violations of state crimes.

Koramatsu vs United States Criminal Law Most crimes are titles in terms of the defendant vs the state. Miranda vs Arizona Mapp vs Ohio Escobido vs ILL Worcestrer vs Georgia Koramatsu vs United States

Criminal Law Crimes are graded as felonies or misdemeanors, depending on their seriousness. Felonies- carry at least a year in prison; murder, rape, robbery.

Criminal Law Misdemeanors-less serious such as vandalism, shoplifting. Imprisonment not at the state level, and less than a year.

Civil Law Involves disputes between people, organizations or governments in which no law has been broken. These are viewed not as threats to social order.

Civil Law The state typically does not get involved with these disputes unless the government is involved. When it does go to court it is called a lawsuit.

Civil Law In lawsuit people or groups sue to collect damages for some harm that has been done. Those filing the lawsuit are considered the plaintiff. Those who must answer to the lawsuit are the respondent/defendants.

Civil Law In contracts when one party does not fulfill the terms of the agreement, this can be deemed breech of contract.

Civil Law Another type of dispute involves torts. Torts- civil wrongs; occurrence of personal injury by another due to negligence.

Civil Law A person is hit by a car when someone is not paying attention. That person sues to recover costs of medical treatment and other damages.

Civil Law Another type of civil law is family law. Family Law- deals with family issues; divorce, child custody, adoption, alimony, child support, and spouse and child abuse.

Public Law Public Law- Involves Guaranteed rights specified within the constitution or spelled out in Congressional Legislation. A constitutional law case might involve a 4th Amendment issue of search and seizure.

Public Law Another type of public law is administrative law. Administrative Law- Includes rules and regulations that government agencies issue to carry out their job.

Public Law Example- An individual or plaintiff may claim the EPA (Environmental Protective Agency) has acted wrongly in preventing someone from farming their land.

Public Law Statutory Law- Law written by a legislative branch of government. Regulate behavior, set speed limits, specify rules for food inspection, set rules for work permits, driver’s licenses, Rules to get in a VA hospital, and more.

International Law Comprises treaties, customs, and agreements among nations. Might involve military treaties, trade regulations, and other agreements.

International Law Alleged violations of international law may be brought in front of the world court located in The Hague, Netherlands. World Court has no enforcement power and may rely on the willingness of the parties involved to accept its ruling. Typical case might involve fishing rights.