Chapter Six Laws: Civil vs. Criminal

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Presentation transcript:

Chapter Six Laws: Civil vs. Criminal Hames/Ekern: Introduction to Law, 3rd edition

Criminal & Civil Laws Contain Both Substantive Laws: laws that define our rights and obligations Procedural Laws: laws that dictate how we enforce our rights and obligations Hames/Ekern: Introduction to Law, 3rd edition

Substantive Laws: Criminal Substantive criminal laws deal with crimes. Crimes are types of behavior that society has declared illegal and has decided to punish. Hames/Ekern: Introduction to Law, 3rd edition

Substantive Laws: Civil Substantive civil laws cover a variety of different topics. Laws regulating contracts, torts, corporations, and family law are examples of some of these topics. Hames/Ekern: Introduction to Law, 3rd edition

Procedural Rules: Criminal The answers to procedural questions are generally found in statutory law or rules of court. Rules of court are laws that are adopted by various courts by power given to the courts by the legislature. Hames/Ekern: Introduction to Law, 3rd edition

Procedural Rules: Civil The rules for civil procedure are primarily found in statutes and rules of court. Within the federal system, the Federal Rules of Civil Procedure, the United States Code, and local rules of court control. States have comparable statutes and rules. Hames/Ekern: Introduction to Law, 3rd edition

Elements of Criminal & Civil Cases The Parties The Court The Right to a Jury Trial The Right to an Attorney Burden of Proof The Verdict The Punishment The Right to Appeal Hames/Ekern: Introduction to Law, 3rd edition

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