Civil and Criminal Law An Introduction

Types of Civil Law  Contracts: Voluntary promises between parties who agree to do something  Property Law: Deals with use and ownership of property  Family Law: Includes marriage, divorce, and parent-child relationships  Torts: Wrongful act for which injured party has right to sue for damages

Civil Law Process  Hire a lawyer (usually)  Plaintiff files complaint  Defendant receives summons  Discovery: Both sides gather evidence  Resolution: Settlement (compromise) or mediation (neutral party helps parties work out issues)  Trial: Judge or jury hears evidence & rules

Small Claims Court  Hear civil cases over small debts, property damage, landlord-tenant disputes, small business problems, etc.  Usually heard by judge, lawyers not required  Claims have limit $1,000-$5,000

Criminal Law  Government charges person with crime (act that breaks law or causes injury/harm)  Types of crime Petty offenses: illegal parking, littering, disturbing peace, speeding, etc. (fine) Petty offenses: illegal parking, littering, disturbing peace, speeding, etc. (fine) Misdemeanors: vandalism, simple assault, inexpensive theft, drunk/disorderly, etc. (fine, 1 year or less in jail) Misdemeanors: vandalism, simple assault, inexpensive theft, drunk/disorderly, etc. (fine, 1 year or less in jail) Felonies: burglary, kidnapping, arson, rape, fraud, murder, etc. (imprisonment, death) Felonies: burglary, kidnapping, arson, rape, fraud, murder, etc. (imprisonment, death)

Criminal Law Process  Initial appearance: brought to judge within 24 hours & formally charged  Preliminary hearing/grand jury: hear evidence, decide on need for trial  Plea bargaining: plead guilty to lesser crime(s), receive lesser consequences  Arraignment: read charges, enter plea  Trial: Jury hears evidence on both sides, cross- examination allowed  Decision & Sentencing: Jury meets to decide case, judge decides punishment if guilty