1. PERSONAL LAW- FINAL EXAM REVIEW
History of law, criminal law and civil law

2. THIS WEEKS SCHEDULE Monday-Wednesday: Exam PowerPoint Review
Wednesday: Make-up time possible
Thursday: Part I of exam (#2 Pencil)
Friday: Part II of exam (Short Answer)
Exam is 70% of grade… (30% is paper)

3. “Exam Review” worksheet answers
Crime Elements
Duty (based on the statute/law)
Breach (breaking the law)
Intent (Intending the act and evil)
Tort Elements
Duty (based on a duty of care)
Breach (breaking the duty of care)
Injury (Physical, property, emotional, etc…)
Causation (The injury happened because of the breach of duty)
Intent (** IF an intentional act)

4. Standard of proof…
Crime: Standard of proof is “Beyond a Reasonable Doubt” which means there is very little doubt the defendant committed the act
Civil: Standard of proof is “Based on a Preponderance of Evidence” which means you can supply proof that the defendant did in fact injure the plaintiff and that you are more correct than you are incorrect (51% right)

5. Criminal theft/civil theft
CRIME: Thefts are “all” classified as larceny (Robbery- off a person, Burglary- entering a building, embezzlement- taking something entrusted to you)
CIVIL: Thefts are called “Conversion”, which is classified as an “Intentional” tort because the person meant to take some property that was not theirs

6. Owner responsible for employee
CRIME: If you are in upper management or are an owner and your subordinates are breaking a law, your business could be fined as a criminal punishment
CIVIL: Based on Vicarious Liability, which means “you” as the owner can be sued for the actions of an employee
Only proof needed for each is that the act did take place while the person was working for the business

7. Proximate Cause
Proximate Cause is a civil law requirement that means a “recognizable Injury” is based on the person who caused the injury
All lawsuits require some type of proof that that the injury is related in some way to the action of the defendant

8. Against a person
TORTS (Or civil acts) are considered to be against a person or business because the individual is suing for restitution or damages to be compensated for some injury caused because of a defendants actions
CRIMINAL ACTS are considered to be against society because “All” of society pays for criminal acts (Police, courts, jails, etc…)

9. Damage always asked for
“Compensatory” Damages
The type of damage meant to “Compensate” a person for their injuries sustained
Usually money or property, but can be related to a work contract, business contract or other action where the court forces the party to do what they agreed to do

10. Proven first in every lawsuit
Injury
Injuries are the first thing in every lawsuit
No injury, no case
Injuries can be physical, financial, property related, work related and more

11. Fines, Criminal?
Fines are criminal because they are considered money collected to be paid to a local government
Fines can be based on speeding tickets, parking tickets, business fines, and more
Restitution is civil because its based on damages (Meant to compensate a victim for their losses

12. Juries Criminal Trial: 12 jurors, ALL must agree to convict
Civil Trial: 6-8 jurors and a “Majority” must agree. Jury first determines if the defendant is “Liable” (Responsible) and then if any damages will be awarded to the victim.

13. Trials End of Trial: Jury Verdict
Civil Trial End: First verdict, then a judgment (Final Result)

14. Civil Trial Process
Step one is a filing of a “Complaint”, filed by the plaintiff against some defendant.
Complaint is filed at a court and reviewed by a judge
The defendant has a right to file an “Answer”, which is their side of the story and is also reviewed by a judge
Judge rules if the civil action will take place at all

15. 3 types of civil actions
Negligence: Most common Tort, based on a careless act
Intentional: A tort in which the defendant “meant” to injure the other party
Strict Liability: A tort in which a defendant is held liable even when they were not negligent or meant the act, but simply based on something they are responsible for

16. 2 types of criminal classifications
Felony
“Most” serious offense
Year or more in state or federal prison
$1000 or more fine
Permeant record
Misdemeanor
“Less” serious offense
Less than a year in county or local jail
Under $1000 fine

17. Injuring a person’s reputation
Defamation
The statement made must not be true
If spoken, its called Slander
If written, its called Libel

18. Intentional Misrepresentation
Fraud
“Intentional Misrepresentation” means a person “knowingly” intended to mislead another person (Lie)
A Material fact is an “Important Fact”

19. Not Guilty, yet liable A single act can be both criminal and civil
Separate trials and separate cases
A defendant can be found not guilty in a criminal case and liable in a civil case
Usually, the lawsuit (Tort/Civil Case) is easier to prove (Lower burden of proof)

20. Witness Statements
Witness statements in a court trial are called “Testimony”
Witnesses must be under oath to testify because it forces them to tell the truth and if they choose to lie, they can be held in Contempt of Court and charged criminally..

21. Settling a lawsuit
“Most” civil cases (Lawsuits) are settled outside a court because the parties are “Encouraged” many times by a judge not to waste taxpayer money or time when they can agree to something both parties can live with
Also, many times, attorneys do NOT want to gamble with a jury decision and possibly get nothing at all. (NO Damage award)

22. Written order by a judge
Subpoena
A court order by a judge is served to a witness and it tells them they MUST testify in court
Judge will order this if enough proof is given that a witness has first hand knowledge of the event in question
If a witness fails to report, they are in “Contempt of Court” and can be arrested and jailed

23. Conspiracy or not? Accomplice
An accomplice is someone either with knowledge of a criminal act and refuses to testify or someone assisting a person avoid the law
A person can be with someone who commits a tort and not be a conspirator as long as they don’t participate
Ex) Breaking a mailbox by a defendant and other person with them not participating

24. Civil act not turning into crime
Ex) Negligence
If a person injuries another person based on a careless act, since it was not done with intent, they could be sued, yet never charged criminally

25. Onto other things…. Common Law- 49 of 50 US States based on Common Law
Comes from England
Based on being evaluated by fellow citizens, rather than a trained legal mind
Innocent until proven guilty

26. Roman Civil law? Roman Civil Law- Only followed in Louisiana
Comes from Roman Empire
Based on being evaluated by A trained legal mind, rather than jurors
Follows Strict legal interpretation
Most common form of law around the world

27. Common vs. civil law….
MOST of the world only puts faith in trained legal minds
Common Law principles state “you” as common citizens can listen to a story, review what is presented and make a conclusion without ANY legal training
Conclusion is based on “Reasonableness”

28. Legal terms A Statute is a law (Local laws are called ordinances
Jurisdiction is the power to decide a case (Meaning the trial or action takes place where it took place)
Equity is the idea of basic fairness for all (Not Equal, but fair)

29. Procedural rights…
Problems with the way evidence is obtained, the accused person is arrested or served, questioned, tried or punished/restitution
Court Objections
Right to a lawyer (Criminal)
Right to answer a charge (Civil)
Right to remain silent (Criminal)
Right to an appeal (Criminal defense or either side civil)

30. substantive rights…
“Defines” a persons rights by disproving, justifying or excusing the criminal act or civil charge
Allows a defendant to show proof they did not commit the act (Criminal or civil)
Self Defense
Criminal Insanity (Criminal only)

31. Assault vs. battery
Assault is a threat (Putting a person in a position of fear)
Battery is a physical action against another person against their will
Can be criminal or civil based

32. Extortion vs. bribery
Extortion, also known as “Blackmail” is when someone uses their power forcefully, using fear or other means
Bribery, is unlawfully offering something of value to influence a persons decision
Extortion- threat, Bribery- Illegal Payoff

33. Court options Tort Settle case out of court
Crime
Offer Immunity to a witness to get them to testify (Drop charges)
Offer a plea bargain to a defendant (Accept a lesser offense)
Tort
Settle case out of court
Small claims court (Usually, no attorneys)
Seal records

34. Crime vs. tort (Civil) comparison
Based on punishing the defendant
Government/Society is involved
Jail, Fines or death
Guaranteed a lawyer
Tort
Based on getting the victim “restitution” for an injury (NOT punishment)
Based on individual
Restitution or damages awarded
“Not” guaranteed a lawyer

35. Questions?? Exam: Thursday and Friday In class Review Slides online
Focus on Criminal/Civil law