1. Law
Chapter 15 and 16

2. Types of Law
Common Law- based on court decisions and past examples rather than legal code
Precedent- based on past examples and court rulings that become part of common law
Statutory Law- laws written by the legislative branch which become part of legal code
Administrative Law- laws written by the executive branch which become part of legal code
Constitutional Law- laws dealing with construction and interpretation of the constitution

3. Types of Law cont’
Criminal Law- settle disputes in which a crime has been committed
Crime- act that breaks a law and causes harm to people or society
Prosecutor- party bringing the charges against the accused (always the government)
Defendant- party accused of committing the crime
Civil Law- settle disputes in which a crime has NOT been committed
Lawsuit- legal action when a party sues to collect damages ($) from harm that is done
Plaintiff- party suing
Defendant- party being sued

4. Criminal Law Purpose Make criminal pay for the offense Protect society
from the criminal
Warn others not to
commit crimes (or
they will face similar
punishment)
Rehabilitate criminal
to return to society

5. Steps in a Criminal Trial 1. Arrest
Suspect is arrested for committing crime
Suspect is taken to a police station and booked (charged), gives fingerprint and photograph (mug shot), and allowed to call a lawyer

6. 2. Hearing Defendant is taken to court and the prosecution
must show probable cause
the suspect committed the crime
The judge either:
1. sends the defendant back to jail (without bail) until the trial
2. sets bail for the defendant (if they pay they leave until trial, if not they stay in jail until trial)
3. releases the defendant without bail until trial

7. 3. Indictment
Using a grand jury to see if there is enough evidence to formally charge the defendant with the crime (only in some felony cases)

8. 4. Arraignment
Defendant appears in court and is formally presented with the charges
Defendant is given a lawyer if he/she cannot afford one (public defender)
Defendant must enter a plea of either:
Not guilty- the case
continues
Guilty- the case stops
and the judge determines
punishment

9. 5. Pre Trial
Lawyers check facts, gather evidence, and interview witnesses
Plea Bargaining- pleading guilty to a lesser crime for a lesser punishment and avoid trial
Subpoena-
document
requesting
someone
appear in
court

10. 6. Jury Selection
Residents are randomly called for jury duty and lawyers pick from the group
Either side can dismiss jurors for any reason
Lawyers impanel (select) 12 jurors

11. 7. Trial Lawyers for each side make opening statements
outlining the case
Prosecution presents
its case, then the
defense presents its case
Lawyers for each side presents closing arguments of why they are right
Each side may present evidence and witnesses
Testimony- answers given under oath

12. 7. Trial cont’ Cross-examine- after a witness testifies for one
side, the other is allowed
to ask questions
Perjury- lie under oath
Bailiff- sheriff keeping
order in the courtroom
Contempt of Court-
anything to hinder the
trial, you can be held
in jail

13. 8. Deliberation
Jurors deliberate in secret with no time limit to unanimously decide whether the defendant is guilty or not
Prosecution must
convince jurors the
defendant is guilty
“beyond a
reasonable
doubt” (99.9%
sure, if not must
vote not guilty)

14. 8. Deliberation cont’
Sequestered- keeping the jury away from the public
Hung Jury- jury that cannot reach a verdict (must have a retrial)
Acquittal- not guilty
vote and defendant
is released
If the jury votes
guilty the defendant
will be sentenced

15. 9. Sentencing Each case is unique and judges make
different sentences for
similar crimes (considers
family life, criminal
record, etc.)
Victims are usually
allowed to make
statements to the judge

16. 10. Appeal
Nearly all cases are appealed to a higher court if rights were violated

17. Civil Law Purpose
Plaintiff claims to have suffered and seeks damages but defendant argues that either suffering didn’t occur or is not their fault
Damages- payment for suffering
Negligence- loss, damage, injury, or death due to carelessness
Tort- wrongful/hurtful actions
Types- personal injury, property, domestic, probate, consumer, etc.

18. Steps in a Criminal Trial 1. Complaint
Plaintiff files a complaint
Complaint- statement naming the plaintiff and defendant and describing the lawsuit
2. Summons
Defendant is sent a summons
Summons- court document announcing that the defendant is being sued and sets a date for trial

19. 5. Discovery (Pre-Trial)
3. Answer
Defendant responds and files an answer
Answer- admit to the charges or offer reasons why the defendant is not responsible
4. Pleadings
Lawyers obtain the pleadings
Pleadings- complaint and answer
5. Discovery (Pre-Trial)
Lawyers check facts, gather evidence, question witnesses, etc.
May decide to drop case if it looks weak

20. 6. Settlement 7. Trial Most cases are settled to avoid going to trial
Settlement- both parties agree on a amount of money the defendant will pay to the plaintiff
Small Claims Court- civil court used for smaller amounts of money, no lawyers or jury
Or can use mediation or arbitration to settle
7. Trial
Both sides present their argument to a judge
Plaintiff only has to present a “preponderance of evidence” (means who was more likely responsible 50.1% or more)

21. 8. Verdict 9. If the Plaintiff wins… 10. If the Defendant wins…
Judge/jury considers the case and decides on a verdict
9. If the Plaintiff wins…
A remedy is set
Remedy- payment for damages the defendant must pay the plaintiff
10. If the Defendant wins…
The plaintiff gets nothing and must pay court costs for both sides

22. 11. Appeal
The losing party may appeal if errors were made or injustice took place
Appeals are a long and tedious process and winning plaintiffs may wait years before seeing any money