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Published byMagdalene Riley Modified over 9 years ago
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CIVIL LAW - Torts and Other Fun Stuff Intro to Law Mr. Meyer
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BASIC LAW TERMS Some of the terms you may need to be familiar with throughout the term…
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CRIMINAL LAW A category or body of law that: Labels, defines, and denounces certain anti- social, harmful conduct as crime. Prohibits people from behaving in certain ways Punishes those who commit criminal acts IT IS ALWAYS STATUTORY (Written Law) and then interpreted through PRECEDENT.
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CRIMINAL LAW Criminal acts are recognized as crimes against society or crimes against the state - the victim is simply the victim.
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CIVIL LAW Category or body of law that is not criminal pertaining to PRIVATE rights and wrongdoings. Sometimes STATUTORY,but more often is CASE LAW built on PRECEDENTS in prior cases
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CIVIL LAW Includes: Contracts Property Ownership Commercial Rights (Copyrights, etc) Wills and Estates (Probate) Family Law (marriage, divorce, adoption, relinquishment, alimony, etc) TORTS
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PERSON According to the law, a person can be: An individual A Group A Business Entity
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Defendant The person charged with committing a crime in a criminal case The person being sued in a civil case
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Prosecutor Public Official who represents the state in criminal cases. Decides on charges Presents the evidence to prove guilt Bears the Burden of Proof Called district attorney, DA, county or city attorney in Colorado Is looking for a VERDICT
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Defense Attorney When you can afford it… Represents the defendant in criminal or civil trials. Paid by the defendant. NOT A DA!
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Public Defender When a defendant is without funds or chooses to use the resource… Paid by the state (your taxes) In Colorado A well funded defense Often a defense attorney simply hired by the state Usually overworked - but great experience
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Plaintiff The person who starts a civil suit by filing a complaint (for a lawsuit, for a divorce, etc) Sees themselves as the injured party Bears the burden of proof Is looking for a JUDGEMENT
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TORTS Where one has done a harmful act to another’s PERSON, PROPERTY, or REPUTATION for which they seek a legal remedy ($ or INJUNCTION)
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TORTS Can be injured PHYSICALLY ECONOMICALLY EMOTIONALLY Damage can occur by or to: Individuals Groups (Class Action) Companies Government
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TORTS Most do not go to trial - SETTLEMENTS Many torts also involve criminal laws and separate trials are necessary (NOT DOUBLE JEOPARDY)
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Types of Torts Intentional wrongs Negligence - no intent, but a failure to use reasonable care Strict Liability - even if utmost care is used, activity is so dangerous that serious risk is involved
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Types of Damages Compensatory Nominal Punitive Remember, not all defendants have the money that is awarded to the plaintiffs!
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