Civil Law U.S. Government Chapter 15 Section 2

 Why would someone bring a lawsuit against another person, a business, or an organization? List 2-3 reasons Warm Up

Key Terms: Choose 3  Civil law  Contract  Expressed contract  Implied contract  Real property  Personal property  Mortgage  Tort  Plaintiff  Defendant  Injunction  Complaint  Summons  Answer  Discovery  Mediation  affidavit

 Civil Law concerns disputes among two or more individuals or between individuals and the government.  About 90% of state court cases deal with civil laws  Four most important types of civil law deal with contracts, property, family relations, and civil wrongs (torts) Civil Law

Contracts  A contract is a set of voluntary promises, enforceable by the law between parties who agree to do or not do something.  Ex: credit cards, marriage…  Expressed Contract: terms specifically stated (in writing)  Implied Contract: terms not expressly stated but inferred  Parties must be mentally competent  Contract cannot involve anything illegal  Contract’s elements must include an offer, acceptance, and a consideration.

Property Law  Property law deals with the use and ownership of property  Real Property is land and whatever is attached to or growing on it (houses and trees etc.)  Personal Property includes movable things like clothes, jewelry, stocks, bonds, copyrights, or patents.  Legal disputes arise over using, owning, buying, and selling property.  State and federal government have passed many laws dealing with real property (ex: Fair Housing Act)

Family Law  Family Law deals with relationships among family members including marriage, divorce, and custody issues.  Today marriage is a civil contract entered into by both parties  Divorce legally ends a marriage  There are many legal disputes over domestic relationships in the U.S.  Family law is changing as the meaning of family changes in American society.

Torts or Civil Wrongs  A tort is any wrongful act (other than breach of contract) in which the injured party can sue in a civil court  People can be sued for damaging property, injuring someone due to negligence etc.  Tort law became significant after the industrial revolution  Two major categories of torts…

Torts or Civil Wrongs  Intentional Tort:  Involves a deliberate act that results in harm to a person or property.  Ex: assault, battery, defamation of character, practical joke resulting in an injury.  Negligence:  Involves careless or reckless behavior.  A person is negligent when he/she fails to do something that a reasonable person would do.  Ex: leaving a sharp knife where a child can reach it.

Groups  Get into groups of 4  With your group, think about 2-3 cases in which you would file a civil lawsuit for your assigned type of civil law:  Contract  Property Law  Family Law  Torts/Civil Wrongs

Steps in a Civil Case  Civil Cases are called lawsuits  Plaintiff is the person who brings charges in a lawsuit (complaint)  The person who is sued is the defendant.  The plaintiff usually seeks damages, a monetary award, and court costs from the defendant.  In some lawsuits involving equity, the plaintiff may ask that the court issue an injunction (a court order forbidding a defendant to continue a certain action)  Ex: citizens against a planned factory because it may cause pollution…  Lawsuits follow certain steps…

Hiring a Lawyer -Plaintiff pays costs of the suit Filing the Complaint -legal document filed to court w/ jurisdiction -defendant gets a summons and must file answer Pretrial Discovery - preparing for trial by gathering and examining evidence Resolution w/o Trial -90% of all civil lawsuits settled before trial -Mediation -Arbitrator decision Trial & Award -If no resolution case goes to trial (judge and/or jury) -judge can adjust jury decision - common law/equity -loser may appeal Steps in a Civil Case

Small Claims Court  Small claims court is an alternative to the trial process.  These courts hear civil cases that deal with:  Small debts  Property damage  Landlord-tenant disputes  Small business problems  Cases involve claims of $1000-$5000  Cases are heard by a judge  No lawyers are required, simple forms are filled  Plaintiffs bring evidence and can include affidavits (written statements from witnesses to prove statements of fact, signed under oath)  Judge makes decision  If defendant does not show, plaintiff usually wins.

HW Questions  pg. 435 Answer questions  #1  #5  #6