Final Exam Review

 Section 1- History of Law (Chapter 1)  Section 2- Criminal Law (Chapter 5)  Section 3- Civil Law (Chapter 6)

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 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

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

 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

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

 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

 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

 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

 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

Harder to proveEasier to prove than crime  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

 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

 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

Law itselfRights of a person  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

Based on LawBased on Property Rights CRIME  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)

 Speeding (Infraction)  Parking ticket (Infraction)  Manslaughter (Felony offense meaning murder without intent)

 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!  Not to rehabilitate, not to educate but to punish the wrongdoer

 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

 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

 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

BlackmailInfluencing with $$  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

 False Pretenses means lying about a past or existing fact  Type of fraud  Meaning to intentianlly mislead another person

 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

MisdemeanorFelony 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

 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)

 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.

 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

 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

 INJURY  No injury no case  Must also prove the breach caused the injury (Causation)

 JUDGE  Breach? (Jury)

 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

 Protected by civil and criminal statutes  Property rights  Safety rights  Employment rights  Educations rights  More?

 Duty  Breach  Intent  Duty  Breach  Injury (prove first)  Causation

 Misdemeanors and felonies  Infractions are lower-level misdemeanors

 English Common law and Roman Civil Law

 Common Law  Only Louisiana uses civil law

 Roman Civil Law

 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

 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

 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