Ch. 15.2

Objectives Discover the various types of civil law that affect people and how Explore the steps to a civil law case

Types of Civil Law I. Types of Civil Law A. Contracts: 1. expressed contract -specific & usually written 2. implied contract -terms can be inferred B. Property Law: 1. Real Property (i.e. land) 2. Personal Property (movable / $)

Set of voluntary promises Tort Offer Plaintiff Defendant

Promise that something will or will not happen Tort Contract Offer Plaintiff

In this type of contract, the terms are specifically stated Civil Law contract Implied Contract Expressed Contract Valid Contract

In this type of contract, the terms can be implied from the actions of the people involved Implied Contract Expressed Contract Real Property Contract Civil Law Contract

These assets include jewelry, stocks, clothes, copyrights, and patents Real Property Mortgages Personal Property Torts

Types of Civil Law C. Family Law: 1.Marriage (civil contract) 2. Divorce 3. parent-child relationships (i.e. emancipate) 4. child custody D. Tort Law: tort - wrongful act for which injured party has right to sue for damages. 1. intentional tort 2. negligence

Wrongful act Contract Offer Plaintiff Tort

Steps to a Civil Law Case II. Steps to Civil Law A. Lawsuits 1. Plaintiff vs. Defendant 2. injunction – stops defendant from actions (i.e. child custody case/visitation) B. Hiring Lawyers 1. Contingency Fees (1/5 to ½ $ earned) C. Filing Complaint (legal document) 1. defendant receives summons

Person being sued Defendant Plaintiff Offer Contract

Steps to Civil Law Case D. Pretrial Discovery 1. gather evidence & witnesses -takes months & even years E. Resolution Without Trial (90% of cases) 1. mediation – explaining their sides of case 2. arbitration – somewhat like judge F. Trial 1. Jury (6-12 for civil trial) G. Award