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Ch. 15.2
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Objectives Discover the various types of civil law that affect people and how Explore the steps to a civil law case
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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 / $)
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Set of voluntary promises
Tort Offer Plaintiff Defendant
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Promise that something will or will not happen
Tort Contract Offer Plaintiff
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In this type of contract, the terms are specifically stated
Civil Law contract Implied Contract Expressed Contract Valid Contract
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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
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These assets include jewelry, stocks, clothes, copyrights, and patents
Real Property Mortgages Personal Property Torts
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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
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Wrongful act Contract Offer Plaintiff Tort
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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
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Person being sued Defendant Plaintiff Offer Contract
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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
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