Chapter 4 Classification of the Law

2 Substantive and Procedural Law o Substantive Law o Defines our legal rights and duties o e.g. we have a duty to obey speed limits o Procedural Law o Rules that govern how the legal system operates o e.g. Statute of Limitations, Right to an Attorney, Jurisdiction

Federal Law o When do federal laws apply? o Constitutional issue o Federal Statutes (IRS, Immigration) o Regulations of a Federal Agency o What can the federal government regulate? o Anything that the Constitution specifically states o Lay and collect taxes, establish post offices o Interstate Commerce (under Art 1 §8) o Congress has the power to regulate interstate commerce and anything that has an “effect upon” interstate commerce 3

Federal Law o Preemption o Allows the federal government to prevent the states from passing conflicting laws 4

State Law o States can make any laws that are appropriate for the health, welfare, safety, and morals of their citizens o Criminal laws, contracts, torts, property, marriage, family issues 5

Civil v. Criminal Law o Civil Law o Between 2 private parties o Criminal Law o Violation against society o Standard of Proof o Civil: Preponderance of the Evidence o More likely true than not o Criminal: Beyond a Reasonable Doubt o Proof must be so conclusive and complete that all doubts regarding the facts are removed from the jurors’ minds 6

Civil v. Criminal Law CivilCriminal Type of HarmPrivate injuryHarm to society Names of PartiesPlaintiff/DefendantState/Defendant Prosecutor of the claimUsually an individualGovernment Standard of ProofPreponderance of the evidence Beyond a reasonable doubt JudgmentLiable/not liableGuilty/not guilty Sanctions/RemediesDamages/injunction/spe cific performance Imprisonment/fines/ death Source of LawCommon law/statutesStatutes 7

Criminal Law o Felonies o Serious crimes that can be punished by a year or more in state prison o Misdemeanors o Less serious crimes served by less than one year in county jail o Prosecutors must establish a Prima Facie Case to support a guilty verdict o Establishes the elements of the crime o Defendants then present their defense 8

Civil Law o Plaintiff must establish valid cause(s) of action o A cause of action is a claim that based on the law and the facts is sufficient to demand judicial action o Defendant then establishes his/her defenses or affirmative defenses 9

Damages o Compensatory Damages o Compensate the plaintiff for the harm done o E.g. medical bills, lost time off work, pan and suffering o Punitive Damages o Designed to punish the defendant o Typically awarded only for intentional torts o Nominal Damages o Awarded when the law has been violated but the plaintiff cannot prove monetary harm 10

Areas of Civil Law o Contracts o Agreement between two or more parties o Offer, acceptance, consideration o Property Law o Real property o Personal property o Torts o A private wrong in which a person is harmed because of another’s failure to carry out a legal duty o Intentional Torts: battery, assault, defamation o Negligence: failure to act reasonably o Strict Liability 11

Negligence o Prima Facie Case o Duty: the defendant owed the plaintiff a duty of care o Breach: the defendant breached that duty o Causation: the breach caused o Harm: the plaintiff harm o Defenses: o Contributory Negligence o Assumption of the Risk 12