Criminal and Civil Law

Civil Law Dispute between two or more individuals or between individuals and the government Dispute between two or more individuals or between individuals and the government Arise because one party believes they have suffered at the hands of the other party Arise because one party believes they have suffered at the hands of the other party

Types of Civil Law Contracts Contracts Property Law Property Law Family Law Family Law Tort – any wrongful act other than a broken contract for which a person may sue Tort – any wrongful act other than a broken contract for which a person may sue

Steps in a Civil Case Plaintiff – files comPLAINt against DEFENDant Plaintiff – files comPLAINt against DEFENDant Defendant receives a summons that explains the lawsuit Defendant receives a summons that explains the lawsuit 90% of civil suits are settled outside of court 90% of civil suits are settled outside of court Out of court settlement – defendant pays a lump sum of money to avoid a trial Out of court settlement – defendant pays a lump sum of money to avoid a trial Mediation – when plaintiff & defendant use lawyers to try to reach a agreement out of court so as to avoid a trial. Mediation – when plaintiff & defendant use lawyers to try to reach a agreement out of court so as to avoid a trial. Arbitration – when both parties agree to abide by the decision of a unbiased third person. They submit a written argument to that person, who makes a legally binding decision. Arbitration – when both parties agree to abide by the decision of a unbiased third person. They submit a written argument to that person, who makes a legally binding decision. May take years to go to court May take years to go to court

Criminal Law The State or Federal government charges someone with a crime The State or Federal government charges someone with a crime Government is the prosecution and the defendant is the person being accused Government is the prosecution and the defendant is the person being accused Crimes are anything that breaks a criminal law and causes injury or harm to others or society in general Crimes are anything that breaks a criminal law and causes injury or harm to others or society in general

Types of Criminal Law Petty Offenses – illegal parking, littering, disturbing peace Petty Offenses – illegal parking, littering, disturbing peace Results in citations/tickets Results in citations/tickets Misdemeanors – vandalism, stealing inexpensive items, disorderly conduct Misdemeanors – vandalism, stealing inexpensive items, disorderly conduct Results in fines or jail (1 year or less) Results in fines or jail (1 year or less) Felonies – burglary, kidnapping, arson, murder Felonies – burglary, kidnapping, arson, murder Results in imprisonment for a year or more or even the death penalty Results in imprisonment for a year or more or even the death penalty

Steps in Criminal Cases Investigation and arrest – police investigate the crime and issue an official arrest warrant with the suspect ’ s name and the crime committed on it Investigation and arrest – police investigate the crime and issue an official arrest warrant with the suspect ’ s name and the crime committed on it Must be brought to a judge ASAP to be read rights and be formally charged (habeus corpus). May claim guilty or not guilty. Must be brought to a judge ASAP to be read rights and be formally charged (habeus corpus). May claim guilty or not guilty. Claims not guilty – case goes to Grand Jury Claims not guilty – case goes to Grand Jury 90% of cases end with plea bargaining – pleading guilty for a lesser punishment 90% of cases end with plea bargaining – pleading guilty for a lesser punishment If accused of a Felony you may choose between a jury trial or just a judge If accused of a Felony you may choose between a jury trial or just a judge Jury hears trial, decides guilty or not, judge sentences Jury hears trial, decides guilty or not, judge sentences

Steps in a Criminal Case These steps are due process. Due process are the steps everyone must go through when being charged in a criminal case. These steps are due process. Due process are the steps everyone must go through when being charged in a criminal case. Substantive due process –certain rights of an individual, some specified in the Constitution (ex. Free speech), others not (right to make personal decisions). Substantive due process –certain rights of an individual, some specified in the Constitution (ex. Free speech), others not (right to make personal decisions). Procedural due process – provides protection that ensure that constitutional law and statutory (all other laws) rights are protected by law enforcement. Procedural due process – provides protection that ensure that constitutional law and statutory (all other laws) rights are protected by law enforcement. Why do we need both types of due process? Why do we need both types of due process?

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What do you think? How can a person be charged with a crime in both a criminal and civil case? How can a person be charged with a crime in both a criminal and civil case? What constitutes probable cause when dealing with search and seizure? What constitutes probable cause when dealing with search and seizure? Why would someone opt for an out of court settlement or plea bargain? Why would someone opt for an out of court settlement or plea bargain? Would you rather have a trial by jury or by judge? Why? Would you rather have a trial by jury or by judge? Why?