Civil Law

Sources of American Law Constitutional Law – Supreme law of the land, limits government and defines rights Statutory Law – Written by Legislative Branch; limits behavior + grants rights, Roman Law (Written Down) – Justinian Code to Napoleonic Code Administrative Law – spells out authority and procedures to be followed by federal agencies Common Law – set by judges following earlier precedent (stare decisis)

Legal System Principles Equal justice under the law Due process Guarantees rights and requires people be informed of pending legal action Substantive due process Procedural due process Adversary system – allow opposing lawyers to present strongest cases Presumption of innocence Burden of proof lies on prosecution

Civil Law Concerns disputes among two or more individuals or between individuals and government Cases come to court because one party believes it has suffered an injury at the hands of another, or wants to prevent a harmful action from taking place

Types of Civil Law Contracts A set of voluntary promises, enforceable by the law between parties who agree to do or not to do something Expressed Contract – usually in writing Implied Contract – inferred Valid Contract Offer Acceptance Consideration

Types of Civil Law Property Law Property Ownership Real Property – land and growing stuff Personal Property – things Family Law Relationships among family members Marriage, divorce, parent-child, custody Marriage: civil contract (common-law)

Types of Civil Law Torts or Civil Wrongs A tort is a wrongful act for which the injured party has the right to sue for damages in civil court (other than breach of contract) Property damage or injury through negligence Seek punitive damages Intentional – deliberate act to harm person or property Meant to do harm Assault and battery Defamation of character Negligence – careless or reckless behavior Endangering child (Knife on counter) Unfixed brakes on car (people run over)

Steps in a Civil Case Lawsuit: Plaintiff seeks damages (usually $ from defendant) Hire a lawyer Go to state court to log complaint Discovery – prepare for trial by checking facts and gathering evidence 90% settles out of court Tried by jury/judge who decides verdict If plaintiff wins: court awards damages If defendant refuses to pay: plaintiff must get court order to enforce payment

Small Court Claims Provides alternative to lengthy trials Hears civil cases with collecting small debts, property damage, small business problems, etc. (Judge Judy) Usually heard by judge Involves maximum claims of $1,000 to $5,000 depending on state Judge decision is legally binding