Civil Law Person vs. person law.

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Presentation transcript:

Civil Law Person vs. person law

Plaintiff and Defendant The party filing a complaint is the plaintiff. The accused party, which is the defendant, must respond by filing a written reply to the charges.

Lawsuits are NOT criminal cases It is not against the law to not clean up spilled lemonade The police are not involved and there are no criminal charges against the mall But the mall still SHOULD HAVE cleaned up the mess since it put shoppers at risk

In civil law, cases may be brought before the court regarding: - Family - Property - Contracts - Torts

FAMILY LAW Involves divorce and/or child custody. For example, Samantha has two sons and one daughter with her husband Chris. They have decided to divorce, but need to figure out who gets the house as well as how to share weekends with the kids. Question 3: Do you think a divorce can be smooth without a lawyer? Why or why not?

PROPERTY LAW Generally resolve damage to something that someone owns. For example, Steven was just learning to drive and was trying to parallel park. He got frustrated and accelerated onto his neighbor's newly landscaped lawn. The neighbor sued. Steven for the damage to her lawn Question 4: Has anyone ever damaged anything you own? If so, how did you resolve it?

CONTRACTS A legally binding agreement. For example, Lindsey signed a contract to pay rent for an apartment. When she failed to pay her rent for 3 months, her landlord took her to court and she had to pay everything that she owed.

TORTS- a civil wrong Negligent Tort = the failure to do something that should be done.

Negligent Tort Example For example, Ms. Liebeck bought a hot coffee from a drive through at McDonalds in New Mexico. Ms. Liebeck placed the cup between her legs and removed the lid to add cream and sugar when the hot coffee spilled out on her lap causing third-degree burns on her groan and inner thighs. Ms. Liebeck sued McDonald’s for a negligent tort because she believed McDonald’s engaged in reckless behavior.