Final Exam Review- 2015

Exam Review Sections Section 1- History of Law (Chapter 1) Section 2- Criminal Law (Chapter 5) Section 3- Civil Law (Chapter 6)

2 Great world Legal Systems Common Law Originated from England Tied closely with US Law Case in front of jury Builds over time (Case law) Precedent- means using a prior court ruling to help guide a case Civil Law From Roman Empire Strict set of laws Tried in front of judge Created by senate/ruler In US, only Louisiana uses this Most common form of law in world today

Common vs. Positive law Common Law Laws created over time, by the people Juries hear cases Innocent until proven guilty Used in US by 49 of 50 states today Merged with equity courts in US Positive Law Laws created by a King, Queen or religious figure Tried in front of ruler or appointed ruler Guilty unless proven innocent Not used in US or most of world today

What are these Statute- a law created by some elected official or elected body of people (like congress) Ordinance- a local statute

jurisdiction The power to decide a case Important because laws differ and the jurisdiction can decide the penalty The legal act is decided where it took place Jurisdiction applies with local laws, state laws or federal laws

Codes Laws organized into some group Criminal Codes, business codes, civil codes or administrative codes, such as social security laws or DMV laws

Stare decisis Latin term meaning to adhere to decided cases Important because it’s a common law rule that allows older case decisions to be used as a guide for future cases It allows the law to be built over time

equity Legal term meaning fairness Making sure all people are given a fair trial and if a criminal matter, making sure they have a lawyer Fairness also applies to a judge

Case law Built by the judicial branch of government Judicial meaning courts Judges rule and these cases are considered “precedent” (Guides) for future cases to be decided

ADMINISTRATIVE LAW Laws created by elected bodies of officials Department of Motor vehicles, Social Security or Medicare Can come in form of taxes or fees to government

DIFFERENCE BETWEEN CRIMINAL LAW AND Tort (Civil) law Crimes are against society Crimes are punishable by jail, fine or death Crimes must be proven based on beyond a reasonable doubt Government is the prosecution always Torts are against a person or business Torts involve property rights and lawsuits Torts are proven based on a preponderance of evidence Plaintiff is side bringing the lawsuit Harder to prove Easier to prove than crime

Why are crimes against society? All of society pays for a persons criminal acts We pay tax dollars for police, judges, public attorneys (District Attorney or Public Defender) Cost involved to upkeep jails or prisons Criminal acts effect the way people view any part of society as well

Why are torts against a person? Lawsuit is an argument over property Asking court to make defendant pay damages ($$, property or some form of restitution) Restitution- the damages ($$) paid to a plaintiff for their loss Person against person Person against business Business against person Business against business Person or business against Govt Gov’t against person or business

Substantive law vs. procedural law Substantive law is based on the definition (Statute) of the law broken Part of both criminal cases and tort cases Forcing the plaintiff or prosecution to meet their burden Self defense, immunity Procedural law is based on a persons legal rights Miranda rights in a criminal case Serving a defendant court papers in a civil case Allowing a defendant NOT to testify against their rights in court Law itself Rights of a person

Elements of a crime and a tort Duty (The statute) Breach (Broke the law or statute) Intent (Meant to commit the act and do evil) TORT Duty (Care owed to another person) Breach (Broke the duty of care) Injury (Harm recognized by the law) Causation (Proof the breach caused the injury) Based on Law Based on Property Rights

Crimes with no intent to convict Speeding (Infraction) Parking ticket (Infraction) Manslaughter (Felony offense meaning murder without intent)

Criminal Defense Act in which a criminal defendant tries to escape criminal liability Innocent until proven guilty Because it’s a criminal offense, you are “GUARANTEED” a lawyer (No guarantee with civil/tort offense)

Punishment! Purpose of crimes Not to rehabilitate, not to educate but to punish the wrongdoer

Crimes- types of theft Larceny- commonly known as theft. Can be petit or grand, depending on the amount stolen Burglary- breaking into a building with the intent to commit a crime Robbery- taking property off a person

Crimes- embezzlement Taking something that has been entrusted to you “Without” permission Ex) You work for a bank and you take money without permission ** Its still a crime if you pay it back later

Crimes- vicarious liability This means you are held liable for the acts of another person Ex) An employee of yours destroys someone elses property while on the job, you as the owner can be held responsible for the acts of the employee

Crimes- extortion vs. bribery Extortion is commonly known as blackmail Ex) Telling an employee to work overtime for free or you will report them to the IRS for not paying taxes Illegal, because you must report by law Bribery- unlawfully offering something of value to influence a person Ex) Giving a teacher money to pass you Both sides can be found guilty of this crime Blackmail Influencing with $$

Crimes- false pretenses False Pretenses means lying about a past or existing fact Type of fraud Meaning to intentianlly mislead another person

Criminal penalties Petty Offense- type of lower level misdemeanor. Also known as Infraction. Commonly a speeding or parking ticket which leads to a fine Misdemeanor- Less than 1 year in local prison and less than $1,000 fine or both Felony- More than 1 year in state or federal prison, more than $1,000 fine or death

All crimes are classified as Misdemeanor A less serious crime Speeding is a misdemeanor that results in a fine Fines are criminal, NOT civil Felony More serious crimes like murder, rape or armed robbery Punishment much more severe On a persons records for life Misdemeanor Felony

Civil or tort law Against a person or business A lawsuit, NOT charges Plaintiff looking for restitution or damages (Getting back what they lost) Burden of proof on plaintiff to prove their case, but burden much lower than a criminal case Everyone can be held responsible (including minors or mentally impaired people)

Types of damages Compensatory- to compensate a plaintiff for their losses. Always asked for in every lawsuit. Another name for compensatory damages is “actual” damages Punitive- meant to punish a defendant. Hard to get. Asked for “Over and Above” the compensatory damage.

3 categories of civil acts Intentional- Where the defendant meant to commit the tort. Examples include assault, battery or illegal trespass. Negligence- based on “carelessness” and also the “Most common” tort Liability- When the defendant is held responsible for their actions no matter what

Tort acts Conversion- tort version of theft Fraud- Intentionally misrepresentation of an important fact. A form of false pretenses. Defamation- Intentionally trying to harm a persons reputation. Spoken- Slander, Written libel Assault- A threat Battery- A physical act

What must be proven first in every lawsuit? INJURY No injury no case Must also prove the breach caused the injury (Causation)

Who determines the duty in a civil case? JUDGE Breach? (Jury)

lawsuits Civil act can cause a lawsuit You are trying to protect your property rights, including yourself File a case Judge reviews Case is either continued, dropped or they start to settle If settlement is agreed to, no trial Most cases are settled

Rights we have Protected by civil and criminal statutes Property rights Safety rights Employment rights Educations rights More?

Elements of Crime vs. tort (civil)? Duty Breach Intent Duty Breach Injury (prove first) Causation

All crimes are categorized into 2 groups, what are they? Misdemeanors and felonies Infractions are lower-level misdemeanors

What are the 2 great systems of law in the world today? English Common law and Roman Civil Law

Only Louisiana uses civil law Of the 2 systems of law, which one is used in the US in 49 of 50 states? Common Law Only Louisiana uses civil law

Which type of law is practiced most around the world? Roman Civil Law

Name 4 things to describe a crime? Against Society Based on punishment You are guaranteed a lawyer High burden of proof Jail, fines or death Misdemeanor or felony Government always is prosecutor

Name 4 things to describe a Tort? Against a person or business Based on restitution or damages You are NOT guaranteed a lawyer Lower burden of proof than a crime Damages can be $$, property or judge ordered Intentional, negligence or liability Plaintiff is the side suing

QUESTIONS??

Thank you I wish you all the best and hope you consider future law or business courses Please see me with any individual questions or concerns about the exam, future classes or other questions I may answer