Law Chapter 15 and 16

Types of Law Common Law- based on court decisions and past examples rather than legal code Precedent- based on past examples and court rulings that become part of common law Statutory Law- laws written by the legislative branch which become part of legal code Administrative Law- laws written by the executive branch which become part of legal code Constitutional Law- laws dealing with construction and interpretation of the constitution

Types of Law cont’ Criminal Law- settle disputes in which a crime has been committed Crime- act that breaks a law and causes harm to people or society Prosecutor- party bringing the charges against the accused (always the government) Defendant- party accused of committing the crime Civil Law- settle disputes in which a crime has NOT been committed Lawsuit- legal action when a party sues to collect damages ($) from harm that is done Plaintiff- party suing Defendant- party being sued

Criminal Law Purpose Make criminal pay for the offense Protect society from the criminal Warn others not to commit crimes (or they will face similar punishment) Rehabilitate criminal to return to society

Steps in a Criminal Trial 1. Arrest Suspect is arrested for committing crime Suspect is taken to a police station and booked (charged), gives fingerprint and photograph (mug shot), and allowed to call a lawyer

2. Hearing Defendant is taken to court and the prosecution must show probable cause the suspect committed the crime The judge either: 1. sends the defendant back to jail (without bail) until the trial 2. sets bail for the defendant (if they pay they leave until trial, if not they stay in jail until trial) 3. releases the defendant without bail until trial

3. Indictment Using a grand jury to see if there is enough evidence to formally charge the defendant with the crime (only in some felony cases)

4. Arraignment Defendant appears in court and is formally presented with the charges Defendant is given a lawyer if he/she cannot afford one (public defender) Defendant must enter a plea of either: Not guilty- the case continues Guilty- the case stops and the judge determines punishment

5. Pre Trial Lawyers check facts, gather evidence, and interview witnesses Plea Bargaining- pleading guilty to a lesser crime for a lesser punishment and avoid trial Subpoena- document requesting someone appear in court

6. Jury Selection Residents are randomly called for jury duty and lawyers pick from the group Either side can dismiss jurors for any reason Lawyers impanel (select) 12 jurors

7. Trial Lawyers for each side make opening statements outlining the case Prosecution presents its case, then the defense presents its case Lawyers for each side presents closing arguments of why they are right Each side may present evidence and witnesses Testimony- answers given under oath

7. Trial cont’ Cross-examine- after a witness testifies for one side, the other is allowed to ask questions Perjury- lie under oath Bailiff- sheriff keeping order in the courtroom Contempt of Court- anything to hinder the trial, you can be held in jail

8. Deliberation Jurors deliberate in secret with no time limit to unanimously decide whether the defendant is guilty or not Prosecution must convince jurors the defendant is guilty “beyond a reasonable doubt” (99.9% sure, if not must vote not guilty)

8. Deliberation cont’ Sequestered- keeping the jury away from the public Hung Jury- jury that cannot reach a verdict (must have a retrial) Acquittal- not guilty vote and defendant is released If the jury votes guilty the defendant will be sentenced

9. Sentencing Each case is unique and judges make different sentences for similar crimes (considers family life, criminal record, etc.) Victims are usually allowed to make statements to the judge

10. Appeal Nearly all cases are appealed to a higher court if rights were violated

Civil Law Purpose Plaintiff claims to have suffered and seeks damages but defendant argues that either suffering didn’t occur or is not their fault Damages- payment for suffering Negligence- loss, damage, injury, or death due to carelessness Tort- wrongful/hurtful actions Types- personal injury, property, domestic, probate, consumer, etc.

Steps in a Criminal Trial 1. Complaint Plaintiff files a complaint Complaint- statement naming the plaintiff and defendant and describing the lawsuit 2. Summons Defendant is sent a summons Summons- court document announcing that the defendant is being sued and sets a date for trial

5. Discovery (Pre-Trial) 3. Answer Defendant responds and files an answer Answer- admit to the charges or offer reasons why the defendant is not responsible 4. Pleadings Lawyers obtain the pleadings Pleadings- complaint and answer 5. Discovery (Pre-Trial) Lawyers check facts, gather evidence, question witnesses, etc. May decide to drop case if it looks weak

6. Settlement 7. Trial Most cases are settled to avoid going to trial Settlement- both parties agree on a amount of money the defendant will pay to the plaintiff Small Claims Court- civil court used for smaller amounts of money, no lawyers or jury Or can use mediation or arbitration to settle 7. Trial Both sides present their argument to a judge Plaintiff only has to present a “preponderance of evidence” (means who was more likely responsible 50.1% or more)

8. Verdict 9. If the Plaintiff wins… 10. If the Defendant wins… Judge/jury considers the case and decides on a verdict 9. If the Plaintiff wins… A remedy is set Remedy- payment for damages the defendant must pay the plaintiff 10. If the Defendant wins… The plaintiff gets nothing and must pay court costs for both sides

11. Appeal The losing party may appeal if errors were made or injustice took place Appeals are a long and tedious process and winning plaintiffs may wait years before seeing any money