PERSONAL LAW- FINAL EXAM REVIEW History of law, criminal law and civil law

THIS WEEKS SCHEDULE Monday-Wednesday: Exam PowerPoint Review Wednesday: Make-up time possible Thursday: Part I of exam (#2 Pencil) Friday: Part II of exam (Short Answer) Exam is 70% of grade… (30% is paper)

“Exam Review” worksheet answers Crime Elements Duty (based on the statute/law) Breach (breaking the law) Intent (Intending the act and evil) Tort Elements Duty (based on a duty of care) Breach (breaking the duty of care) Injury (Physical, property, emotional, etc…) Causation (The injury happened because of the breach of duty) Intent (** IF an intentional act)

Standard of proof… Crime: Standard of proof is “Beyond a Reasonable Doubt” which means there is very little doubt the defendant committed the act Civil: Standard of proof is “Based on a Preponderance of Evidence” which means you can supply proof that the defendant did in fact injure the plaintiff and that you are more correct than you are incorrect (51% right)

Criminal theft/civil theft CRIME: Thefts are “all” classified as larceny (Robbery- off a person, Burglary- entering a building, embezzlement- taking something entrusted to you) CIVIL: Thefts are called “Conversion”, which is classified as an “Intentional” tort because the person meant to take some property that was not theirs

Owner responsible for employee CRIME: If you are in upper management or are an owner and your subordinates are breaking a law, your business could be fined as a criminal punishment CIVIL: Based on Vicarious Liability, which means “you” as the owner can be sued for the actions of an employee Only proof needed for each is that the act did take place while the person was working for the business

Proximate Cause Proximate Cause is a civil law requirement that means a “recognizable Injury” is based on the person who caused the injury All lawsuits require some type of proof that that the injury is related in some way to the action of the defendant

Against a person TORTS (Or civil acts) are considered to be against a person or business because the individual is suing for restitution or damages to be compensated for some injury caused because of a defendants actions CRIMINAL ACTS are considered to be against society because “All” of society pays for criminal acts (Police, courts, jails, etc…)

Damage always asked for “Compensatory” Damages The type of damage meant to “Compensate” a person for their injuries sustained Usually money or property, but can be related to a work contract, business contract or other action where the court forces the party to do what they agreed to do

Proven first in every lawsuit Injury Injuries are the first thing in every lawsuit No injury, no case Injuries can be physical, financial, property related, work related and more

Fines, Criminal? Fines are criminal because they are considered money collected to be paid to a local government Fines can be based on speeding tickets, parking tickets, business fines, and more Restitution is civil because its based on damages (Meant to compensate a victim for their losses

Juries Criminal Trial: 12 jurors, ALL must agree to convict Civil Trial: 6-8 jurors and a “Majority” must agree. Jury first determines if the defendant is “Liable” (Responsible) and then if any damages will be awarded to the victim.

Trials End of Trial: Jury Verdict Civil Trial End: First verdict, then a judgment (Final Result)

Civil Trial Process Step one is a filing of a “Complaint”, filed by the plaintiff against some defendant. Complaint is filed at a court and reviewed by a judge The defendant has a right to file an “Answer”, which is their side of the story and is also reviewed by a judge Judge rules if the civil action will take place at all

3 types of civil actions Negligence: Most common Tort, based on a careless act Intentional: A tort in which the defendant “meant” to injure the other party Strict Liability: A tort in which a defendant is held liable even when they were not negligent or meant the act, but simply based on something they are responsible for

2 types of criminal classifications Felony “Most” serious offense Year or more in state or federal prison $1000 or more fine Permeant record Misdemeanor “Less” serious offense Less than a year in county or local jail Under $1000 fine

Injuring a person’s reputation Defamation The statement made must not be true If spoken, its called Slander If written, its called Libel

Intentional Misrepresentation Fraud “Intentional Misrepresentation” means a person “knowingly” intended to mislead another person (Lie) A Material fact is an “Important Fact”

Not Guilty, yet liable A single act can be both criminal and civil Separate trials and separate cases A defendant can be found not guilty in a criminal case and liable in a civil case Usually, the lawsuit (Tort/Civil Case) is easier to prove (Lower burden of proof)

Witness Statements Witness statements in a court trial are called “Testimony” Witnesses must be under oath to testify because it forces them to tell the truth and if they choose to lie, they can be held in Contempt of Court and charged criminally..

Settling a lawsuit “Most” civil cases (Lawsuits) are settled outside a court because the parties are “Encouraged” many times by a judge not to waste taxpayer money or time when they can agree to something both parties can live with Also, many times, attorneys do NOT want to gamble with a jury decision and possibly get nothing at all. (NO Damage award)

Written order by a judge Subpoena A court order by a judge is served to a witness and it tells them they MUST testify in court Judge will order this if enough proof is given that a witness has first hand knowledge of the event in question If a witness fails to report, they are in “Contempt of Court” and can be arrested and jailed

Conspiracy or not? Accomplice An accomplice is someone either with knowledge of a criminal act and refuses to testify or someone assisting a person avoid the law A person can be with someone who commits a tort and not be a conspirator as long as they don’t participate Ex) Breaking a mailbox by a defendant and other person with them not participating

Civil act not turning into crime Ex) Negligence If a person injuries another person based on a careless act, since it was not done with intent, they could be sued, yet never charged criminally

Onto other things…. Common Law- 49 of 50 US States based on Common Law Comes from England Based on being evaluated by fellow citizens, rather than a trained legal mind Innocent until proven guilty

Roman Civil law? Roman Civil Law- Only followed in Louisiana Comes from Roman Empire Based on being evaluated by A trained legal mind, rather than jurors Follows Strict legal interpretation Most common form of law around the world

Common vs. civil law…. MOST of the world only puts faith in trained legal minds Common Law principles state “you” as common citizens can listen to a story, review what is presented and make a conclusion without ANY legal training Conclusion is based on “Reasonableness”

Legal terms A Statute is a law (Local laws are called ordinances Jurisdiction is the power to decide a case (Meaning the trial or action takes place where it took place) Equity is the idea of basic fairness for all (Not Equal, but fair)

Procedural rights… Problems with the way evidence is obtained, the accused person is arrested or served, questioned, tried or punished/restitution Court Objections Right to a lawyer (Criminal) Right to answer a charge (Civil) Right to remain silent (Criminal) Right to an appeal (Criminal defense or either side civil)

substantive rights… “Defines” a persons rights by disproving, justifying or excusing the criminal act or civil charge Allows a defendant to show proof they did not commit the act (Criminal or civil) Self Defense Criminal Insanity (Criminal only)

Assault vs. battery Assault is a threat (Putting a person in a position of fear) Battery is a physical action against another person against their will Can be criminal or civil based

Extortion vs. bribery Extortion, also known as “Blackmail” is when someone uses their power forcefully, using fear or other means Bribery, is unlawfully offering something of value to influence a persons decision Extortion- threat, Bribery- Illegal Payoff

Court options Tort Settle case out of court Crime Offer Immunity to a witness to get them to testify (Drop charges) Offer a plea bargain to a defendant (Accept a lesser offense) Tort Settle case out of court Small claims court (Usually, no attorneys) Seal records

Crime vs. tort (Civil) comparison Based on punishing the defendant Government/Society is involved Jail, Fines or death Guaranteed a lawyer Tort Based on getting the victim “restitution” for an injury (NOT punishment) Based on individual Restitution or damages awarded “Not” guaranteed a lawyer

Questions?? Exam: Thursday and Friday In class Review Slides online Focus on Criminal/Civil law