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Civil Law U.S. Government Chapter 15 Section 2.

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Presentation on theme: "Civil Law U.S. Government Chapter 15 Section 2."— Presentation transcript:

1 Civil Law U.S. Government Chapter 15 Section 2

2 Warm Up Why would someone bring a lawsuit against another person, a business, or an organization? List 2-3 reasons 1. 2. 3.

3 Key Terms: Choose 3 Defendant Injunction Civil law Complaint Contract
Summons Answer Discovery Mediation affidavit Civil law Contract Expressed contract Implied contract Real property Personal property Mortgage Tort Plaintiff

4 Civil Law Civil Law concerns disputes among two or more individuals or between individuals and the government. About 90% of state court cases deal with civil laws Four most important types of civil law deal with contracts, property, family relations, and civil wrongs (torts)

5 Contracts A contract is a set of voluntary promises, enforceable by the law between parties who agree to do or not do something. Ex: credit cards, marriage… Expressed Contract: terms specifically stated (in writing) Implied Contract: terms not expressly stated but inferred Parties must be mentally competent Contract cannot involve anything illegal Contract’s elements must include an offer, acceptance, and a consideration.

6 Property Law Property law deals with the use and ownership of property
Real Property is land and whatever is attached to or growing on it (houses and trees etc.) Personal Property includes movable things like clothes, jewelry, stocks, bonds, copyrights, or patents. Legal disputes arise over using, owning, buying, and selling property. State and federal government have passed many laws dealing with real property (ex: Fair Housing Act)

7 Family Law Family Law deals with relationships among family members including marriage, divorce, and custody issues. Today marriage is a civil contract entered into by both parties Divorce legally ends a marriage There are many legal disputes over domestic relationships in the U.S. Family law is changing as the meaning of family changes in American society.

8 Torts or Civil Wrongs A tort is any wrongful act (other than breach of contract) in which the injured party can sue in a civil court People can be sued for damaging property, injuring someone due to negligence etc. Tort law became significant after the industrial revolution Two major categories of torts…

9 Torts or Civil Wrongs Intentional Tort:
Involves a deliberate act that results in harm to a person or property. Ex: assault, battery, defamation of character, practical joke resulting in an injury. Negligence: Involves careless or reckless behavior. A person is negligent when he/she fails to do something that a reasonable person would do. Ex: leaving a sharp knife where a child can reach it.

10 Groups Get into groups of 4
With your group, think about 2-3 cases in which you would file a civil lawsuit for your assigned type of civil law: Contract Property Law Family Law Torts/Civil Wrongs

11 Steps in a Civil Case Civil Cases are called lawsuits
Plaintiff is the person who brings charges in a lawsuit (complaint) The person who is sued is the defendant. The plaintiff usually seeks damages, a monetary award, and court costs from the defendant. In some lawsuits involving equity, the plaintiff may ask that the court issue an injunction (a court order forbidding a defendant to continue a certain action) Ex: citizens against a planned factory because it may cause pollution… Lawsuits follow certain steps…

12 Steps in a Civil Case Hiring a Lawyer Filing the Complaint
-Plaintiff pays costs of the suit Filing the Complaint -legal document filed to court w/ jurisdiction -defendant gets a summons and must file answer Pretrial Discovery -preparing for trial by gathering and examining evidence Resolution w/o Trial -90% of all civil lawsuits settled before trial -Mediation -Arbitrator decision Trial & Award -If no resolution case goes to trial (judge and/or jury) -judge can adjust jury decision -common law/equity -loser may appeal

13 Small Claims Court Small claims court is an alternative to the trial process. These courts hear civil cases that deal with: Small debts Property damage Landlord-tenant disputes Small business problems Cases involve claims of $1000-$5000 Cases are heard by a judge No lawyers are required, simple forms are filled Plaintiffs bring evidence and can include affidavits (written statements from witnesses to prove statements of fact, signed under oath) Judge makes decision If defendant does not show, plaintiff usually wins.

14 HW Questions pg. 435 Answer questions #1 #5 #6


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