Warm Up: 1/27/15 GOOD MORNING! Explain the difference between a majority opinion and a dissenting opinion.

Warm Up: 1/29/15 GOOD MORNING! Explain the difference between the Original Intent method and the Modernism method of interpreting the constitution.

Summarize & compare/contrast the two types of law. TODAY’S OBJECTIVE Summarize & compare/contrast the two types of law.

Criminal Law vs. Civil Law All governments and civilized societies need a set of rules that everyone recognizes. The rules are called LAWS. They are created so that everyone in society can live and work in a civilized and stable environment.

What must happen if a criminal justice system is to operate successfully? The majority of people within a society must have confidence that the system is fair and will be applied to everyone in the same manner

CRIMINAL LAW

What is a crime? A legal wrong for which the offender is liable to be prosecuted, and if convicted, punished.

How does morality affect the creation of criminal laws? Morality is the “law behind the law.” people obey the law even if police are not watching because we know what is acceptable in our society.

Felony and a Misdemeanor Felony: more serious crime such as rape and burglary. Misdemeanor: minor crimes such as shoplifting or speeding. Have a lighter sentence.

“In-presence” To arrest someone for a misdemeanor the act must be committed in the presence of a law official or a citizen to press charges. With a felony “in-presence” is not required.

Friday January 30, 2015 Warm up: What are the two primary differences between a felony and a misdemeanor???

Summarize & compare/contrast the two types of law. Today’s Objectives Summarize & compare/contrast the two types of law.

Elements of a Crime The government must prove at least two things in order to convict someone of a crime. The external physical act or admittance of a crime Intent or purpose

How does criminal intent affect whether a crime has been committed or not? Criminal intent without criminal act is not a crime. Sometimes criminal act without intent is not a crime.

How can police or a jury decide if criminal intent was present? By what the person says or does prior to the act.

CIVIL LAW In our society the law assumes that every person has certain basic rights and Civil Law seeks to protect these rights. Among them are the rights to: Personal security Safety Peace of mind Maintain good reputation Health and Privacy Own and enjoy property Move freely from place to place

Any violation of one of these rights is a TORT Any violation of one of these rights is a TORT. (Wrongful Act ) A tort is not a crime. It is however, if one of these rights is violated, the injured party can take legal action and sue you for damages.

Damages Relief (money) granted by the courts dependent upon the seriousness of the wrongful act, injury to health, or the cost of repairing or replacing the damaged property. Punitive Damages: suing someone to punish the person or group who violated your rights.

Three qualifications necessary in a Tort action The defendant (person being sued) must owe a duty to the plaintiff. (person bringing the law suit) The defendant must have violated that duty carelessly or intentionally. The plaintiff must have suffered injury or damage as a direct result of the violation.

Difference between Civil and Criminal Law? Tort: A civil wrong against a person or his property. (Civil Law) Crime: A wrong against the public at large. (Criminal Law) It is possible to commit both at the same time. Ex: Drunk Driver, if you hit a pedestrian the police will arrest you and prosecute you in criminal court. That person can also sue you for damages against this person. (violation of his right to safety.)

Examples of Torts Assault: An assault is an open threat or attempt to do physical harm to another person. Must have some ability to carry out the threat. Involves no touching of any kind. Battery: An actual and intentional causing of bodily harm. Touching another person without consent.

False Imprisonment: An unlawful use of force that compels someone to be where they do not want to be. An act that takes away a person’s freedom or movement without having a good reason or proper authority. No escape possible. This can be done by force or threat. The person must know at the time they are being detained.

Negligence: Failure to use ordinary care Negligence: Failure to use ordinary care. Reasonable care a person would use under similar circumstances. Results in someone getting hurt or someone’s property being damaged. A lawsuit might be brought against you.

Four requirements for a successful tort action in negligence. The defendant owed a duty or responsibility to the plaintiff. The defendant violated that duty. This violation was the direct cause of injury. The plaintiff suffered damage.

Slander: If someone says something evil or false about you to others and thus injures your reputation. Done by word of mouth. Libel: Any injury to your reputation through sense of sight. Ex: writing, printing, cartoon, pictures.

Essentials for a lawsuit in a slander or libel case are degrading words spoken or written: About the plaintiff In the presence, hearing, and understanding of a third party. Falsely and with malice Causing damage

Nuisance Includes anything that unlawfully injures the health, offends the senses or interferes with the free enjoyment of life and property. Two Kinds A public nuisance is one that affects a lot of people. A private nuisance is one that affects a single person or small group of people.

Trespass The intentional interference with someone else’s property. Going onto another person’s land without permission. Does not matter if any damage occurs. Two different situation may arise The trespasser has no right to be on your property. You don’t want him there, and he is not supposed to be there. However, you must keep from willfully hurting him.

2. The trespasser is on your land without invitation, but you do not throw him off. You owe him the duty to keep from setting or keeping a trap. You must warn them of any hidden danger on your property that you are aware of and they are not.

Tuesday January 27, 2015 Warm up: Take out your bill for review!!!

Today’s Objective To formulate a potential law Review unit material REMINDER: NO LATE WORK ACCEPTED ONCE THE UNIT IS COMPLETE!