Civil Law Basics

Lesson goal To provide an introduction to the basics of civil law CIVIL LAW BASICS Lesson goal To provide an introduction to the basics of civil law in Virginia.

CIVIL LAW BASICS Students will learn: What civil law is and how it differs from criminal law What torts are Parental liability in Virginia Courts with jurisdiction in civil cases Limits on contracts by minors

CIVIL LAW BASICS Civil law Civil law is the term used to describe non-criminal law having to do with private rights and remedies related to property, commerce, and administrative matters.

CIVIL LAW BASICS Civil law, cont. Someone who violates a criminal law may be jailed, fined, or placed on probation. By contrast, someone who is liable under civil law may be ordered by a court to pay a sum of money to another person or to take some other action to remedy a problem. So for example, someone who attacks another person may be charged criminally with assault and battery. However, the victim may also pursue the matter civilly by suing the attacker for damages such as broken glasses, medical bills, and lost wages that are related to the attack.

CIVIL LAW BASICS What is a tort? Tort refers to an action that harms another person or his or her property.

Juveniles, torts, and parental responsibility CIVIL LAW BASICS Juveniles, torts, and parental responsibility What if a juvenile commits a tort in Virginia? The fact that someone is a juvenile does not, by itself, release the person from responsibility for a tort. Courts look at many factors in determining whether a juvenile will be held responsible. In Virginia, the parents of persons under the age of 18 may be held liable for up to $2,500 for damages to public or private property.

Courts of jurisdiction CIVIL LAW BASICS Courts of jurisdiction In what courts are civil cases heard in Virginia? Civil cases may be heard in either General District Court or Circuit Court, depending on the amount of the claim. Circuit Courts have concurrent jurisdiction with General District Courts in claims over $4,500 but not exceeding $25,000 and exclusive original jurisdiction in claims exceeding $25,000.

Contracts Contract law is one of the most significant areas of law. CIVIL LAW BASICS Contracts Contract law is one of the most significant areas of law. A contract is an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as “consideration.” Contracts are at the heart of most business dealings.

CIVIL LAW BASICS Examples of contracts Credit card agreements: The credit card company agrees to allow the cardholder to use the card, and thereby borrow money up to a limit, and the cardholder agrees to repay the money, with interest, according to the terms in the contract. Contract for services: In Virginia public schools, the teachers have signed contracts with the school boards.

CIVIL LAW BASICS Who can make contracts? In most cases, in Virginia, you must be at least 18 years old to enter into a legally binding contract without parental consent. In this area of the law, someone who is younger than 18 is referred to as a “minor.” Minors are not considered to be “competent” to make a contract.

CIVIL LAW BASICS Contracts and minors Most businesses will require a parent or another responsible adult to “cosign” a contract. The cosigner becomes responsible for the contract. One exception is when a minor contracts for “necessities,” such as food or shelter. A minor who goes into a restaurant and orders food is bound to pay for the meal. A minor who stays at a hotel is bound to pay for the lodging.

Contracts and minors, cont. CIVIL LAW BASICS Contracts and minors, cont. There are a few circumstances under which the law recognizes a person younger than 18 years of age as an adult and permits his or her signing certain contracts. These include: Persons in the armed services. Persons who are married. Those who have been “emancipated” by the court. Emancipation is a court procedure that frees a minor from parental control. (Code of Virginia, § 16.1-331.)

“Take it or leave it” contracts CIVIL LAW BASICS “Take it or leave it” contracts Did you know that when you use software or Facebook, you sign a contract? A Take it or Leave It Contract is a standardized contract form that offers goods or services to consumers on essentially a “take it or leave it” basis without giving consumers realistic opportunities to negotiate terms that would benefit their interests.

“Take it or leave it” contracts, cont. CIVIL LAW BASICS “Take it or leave it” contracts, cont. It is commonly phrased “I Agree” or “I Do Not Agree.” If the user does not select “I Agree,” he or she is not allowed to use the software. When you use software or Facebook, you sign this type of contract.

CIVIL LAW BASICS Review and recap You have learned: What civil law is and how it differs from criminal law What torts are Parental liability in Virginia Courts with jurisdiction in civil cases Limits on contracts by minors