5.2 Types of Laws

Preview Questions Why do violations of some laws carry higher penalties than others? What are similarities and differences in procedure for deciding criminal and civil cases?

Common Law American laws are based mainly on the system of English common law. Common law is based on traditions, customs and precedents rather than a legal code. Precedents are legal opinions are previous court decisions that were similar to a later case.

Jurisprudence The English borrowed many of their ideas from the Romans. The study of Roman law was called jurisprudence. Ideas like “innocent until proven guilty” came from the Romans. Eventually statutes created by the English Parliament dominated the English legal code. Statutes are written laws.

Civil Law A lawsuit starts when the plaintiff’s lawyer files a complaint. A tort is a lawsuit when a plaintiff accuses a defendant of a wrong-doing and seeks payment for damages. A complaint is a formal statement naming the plaintiff and defendant and describing the case. The court then sends the defendant a summons, which is a document telling him of the suit and requiring him to appear in court at a certain time.

Civil Law (cont.) The defendant may respond by having his lawyer file an “Answer” to the complaint. The answer may admit to the charges or deny responsibility. The complaint and the answer together are called the pleadings. During the discovery process before the trial, both lawyers check facts and gather evidence by questioning the other party and witnesses.

Civil Law (cont.) The judge may call a pretrial conference with both parties. If the case is weak, the plaintiff may decide to drop the suit. If it is strong, the defendant may offer a settlement of some amount of money the defendant will pay the plaintiff.

Civil Law (cont.) Another way to settle disputes is through mediation. A trained mediator does not decide a case, but serves as a neutral party to help the 2 sides reach an agreement. The 2 sides may choose arbitration. A professional arbitrator reviews and resolves the dispute, and the decision is usually legally binding on both parties because they sign a contract.

Civil Law (cont.) Most civil cases are settled before trial for several reasons: Parties often prefer a negotiated settlement to the uncertain outcome of a trial. It may take years for a case to even come to trial. Trials are expensive and time-consuming

Civil Law (cont.) If there is no settlement, the case goes to trial. A jury of 6-12 members or, more likely, a judge, will hear the case. First the plaintiff and then the defendant present their case. The plaintiff has to present a “preponderance of evidence”, enough evidence to persuade the judge or jury. This is a lower standard than lawyers must meet in criminal cases.

Civil Law (cont.) The judge or jury considers all of the evidence and decides on a verdict in favor of one of the parties. If the plaintiff wins, a remedy is set. If the defendant wins, the plaintiff gets nothing and must pay court costs. If the losing side feels errors have been made, they can appeal the case. This process may take years for money to be received.

Louise Ogborn sued McDonald’s and won $6 million in her civil case.

Criminal Law In criminal cases, the government (state) charges someone with a crime and is always the prosecution. The accused is the defendant. Felonies are serious crimes with serious punishments. Misdemeanors are minor violations.

Criminal Law (cont.) Criminal penalties punish criminals and protect society by keeping dangerous criminals in prison. Criminal penalties are intended to keep others from committing the same crime. Rehabilitation is a major responsibility of prisons. This helps prepare lawbreakers to reenter society.

Remember, if a defendant loses a case, there is always an appeal process.

Criminal Law (cont.) In some cases, a parole board may decide to grant a prisoner parole, or early release. In these cases, the person must report to a parole officer until the sentence expires. Some states require mandatory sentencing, in which judges must impose whatever sentence the law directs whatever the case. In other states, a judge must impose a minimum and maximum sentence. Similar cases should receive similar punishments, but judges have a little leeway in sentencing.

Criminal Law (cont.) Crimes against people include murder, manslaughter, assault, rape, and kidnapping. Crimes against property include larceny, vandalism, and fraud. Victimless crimes have no victim bringing a complaint like illegal drug use or gambling.

Constitutional Law Public law, or constitutional law, involves rights guaranteed under the Constitution. Constitutional laws are the highest laws in the land. An example of constitutional law would be if someone fell victim to an unreasonable search or seizure (4th Amendment).

Administrative Law Administrative law includes all the rules and regulations that government agencies issue to carry out their jobs. An example would be someone claimed that the EPA (Environmental Protection Agency) acted against the will of Congress with regulations on air or water pollution.

Statutory Law Statutory law includes laws written by the legislature at all levels of government. They establish rules such as speed limits and the minimum age for work permits.

International Law International law comprises treaties, customs, and agreements among nations. Violations may be brought to the International Court of Justice, or World Court, located in the Hague in the Netherlands. The United Nations established the World Court to hear disputes that nations bring against other nations. The World Court has no enforcement powers. It must rely on the willingness of the parties to accept the rulings.

World Court