1. Final Exam Review

2. Exam Review Sections Section 1- History of Law (Chapter 1)
Section 2- Criminal Law (Chapter 5)
Section 3- Civil Law (Chapter 6)

3. 2 Great world Legal Systems
Common Law
Originated from England
Tied closely with US Law
Case in front of jury
Builds over time (Case law)
Precedent- means using a prior court ruling to help guide a case
Civil Law
From Roman Empire
Strict set of laws
Tried in front of judge
Created by senate/ruler
In US, only Louisiana uses this
Most common form of law in world today

4. Common vs. Positive law Common Law
Laws created over time, by the people
Juries hear cases
Innocent until proven guilty
Used in US by 49 of 50 states today
Merged with equity courts in US
Positive Law
Laws created by a King, Queen or religious figure
Tried in front of ruler or appointed ruler
Guilty unless proven innocent
Not used in US or most of world today

5. What are these
Statute- a law created by some elected official or elected body of people (like congress)
Ordinance- a local statute

6. jurisdiction The power to decide a case
Important because laws differ and the jurisdiction can decide the penalty
The legal act is decided where it took place
Jurisdiction applies with local laws, state laws or federal laws

7. Codes Laws organized into some group
Criminal Codes, business codes, civil codes or administrative codes, such as social security laws or DMV laws

8. Stare decisis Latin term meaning to adhere to decided cases
Important because it’s a common law rule that allows older case decisions to be used as a guide for future cases
It allows the law to be built over time

9. equity Legal term meaning fairness
Making sure all people are given a fair trial and if a criminal matter, making sure they have a lawyer
Fairness also applies to a judge

10. Case law Built by the judicial branch of government
Judicial meaning courts
Judges rule and these cases are considered “precedent” (Guides) for future cases to be decided

11. ADMINISTRATIVE LAW Laws created by elected bodies of officials
Department of Motor vehicles, Social Security or Medicare
Can come in form of taxes or fees to government

12. DIFFERENCE BETWEEN CRIMINAL LAW AND Tort (Civil) law
Crimes are against society
Crimes are punishable by jail, fine or death
Crimes must be proven based on beyond a reasonable doubt
Government is the prosecution always
Torts are against a person or business
Torts involve property rights and lawsuits
Torts are proven based on a preponderance of evidence
Plaintiff is side bringing the lawsuit
Harder to prove
Easier to prove than crime

13. Why are crimes against society?
All of society pays for a persons criminal acts
We pay tax dollars for police, judges, public attorneys (District Attorney or Public Defender)
Cost involved to upkeep jails or prisons
Criminal acts effect the way people view any part of society as well

14. Why are torts against a person?
Lawsuit is an argument over property
Asking court to make defendant pay damages ($$, property or some form of restitution)
Restitution- the damages ($$) paid to a plaintiff for their loss
Person against person
Person against business
Business against person
Business against business
Person or business against Govt
Gov’t against person or business

15. Substantive law vs. procedural law
Substantive law is based on the definition (Statute) of the law broken
Part of both criminal cases and tort cases
Forcing the plaintiff or prosecution to meet their burden
Self defense, immunity
Procedural law is based on a persons legal rights
Miranda rights in a criminal case
Serving a defendant court papers in a civil case
Allowing a defendant NOT to testify against their rights in court
Law itself
Rights of a person

16. Elements of a crime and a tort
Duty (The statute)
Breach (Broke the law or statute)
Intent (Meant to commit the act and do evil)
TORT
Duty (Care owed to another person)
Breach (Broke the duty of care)
Injury (Harm recognized by the law)
Causation (Proof the breach caused the injury)
Based on Law
Based on Property Rights

17. Crimes with no intent to convict
Speeding (Infraction)
Parking ticket (Infraction)
Manslaughter (Felony offense meaning murder without intent)

18. Criminal Defense
Act in which a criminal defendant tries to escape criminal liability
Innocent until proven guilty
Because it’s a criminal offense, you are “GUARANTEED” a lawyer (No guarantee with civil/tort offense)

19. Punishment! Purpose of crimes
Not to rehabilitate, not to educate but to punish the wrongdoer

20. Crimes- types of theft
Larceny- commonly known as theft. Can be petit or grand, depending on the amount stolen
Burglary- breaking into a building with the intent to commit a crime
Robbery- taking property off a person

21. Crimes- embezzlement
Taking something that has been entrusted to you “Without” permission
Ex) You work for a bank and you take money without permission
** Its still a crime if you pay it back later

22. Crimes- vicarious liability
This means you are held liable for the acts of another person
Ex) An employee of yours destroys someone elses property while on the job, you as the owner can be held responsible for the acts of the employee

23. Crimes- extortion vs. bribery
Extortion is commonly known as blackmail
Ex) Telling an employee to work overtime for free or you will report them to the IRS for not paying taxes
Illegal, because you must report by law
Bribery- unlawfully offering something of value to influence a person
Ex) Giving a teacher money to pass you
Both sides can be found guilty of this crime
Blackmail
Influencing with $$

24. Crimes- false pretenses
False Pretenses means lying about a past or existing fact
Type of fraud
Meaning to intentianlly mislead another person

25. Criminal penalties
Petty Offense- type of lower level misdemeanor. Also known as Infraction. Commonly a speeding or parking ticket which leads to a fine
Misdemeanor- Less than 1 year in local prison and less than $1,000 fine or both
Felony- More than 1 year in state or federal prison, more than $1,000 fine or death

26. All crimes are classified as
Misdemeanor
A less serious crime
Speeding is a misdemeanor that results in a fine
Fines are criminal, NOT civil
Felony
More serious crimes like murder, rape or armed robbery
Punishment much more severe
On a persons records for life
Misdemeanor
Felony

27. Civil or tort law Against a person or business A lawsuit, NOT charges
Plaintiff looking for restitution or damages (Getting back what they lost)
Burden of proof on plaintiff to prove their case, but burden much lower than a criminal case
Everyone can be held responsible (including minors or mentally impaired people)

28. Types of damages
Compensatory- to compensate a plaintiff for their losses. Always asked for in every lawsuit. Another name for compensatory damages is “actual” damages
Punitive- meant to punish a defendant. Hard to get. Asked for “Over and Above” the compensatory damage.

29. 3 categories of civil acts
Intentional- Where the defendant meant to commit the tort. Examples include assault, battery or illegal trespass.
Negligence- based on “carelessness” and also the “Most common” tort
Liability- When the defendant is held responsible for their actions no matter what

30. Tort acts Conversion- tort version of theft
Fraud- Intentionally misrepresentation of an important fact. A form of false pretenses.
Defamation- Intentionally trying to harm a persons reputation. Spoken- Slander, Written libel
Assault- A threat
Battery- A physical act

31. What must be proven first in every lawsuit?
INJURY
No injury no case
Must also prove the breach caused the injury (Causation)

32. Who determines the duty in a civil case?
JUDGE
Breach? (Jury)

33. lawsuits Civil act can cause a lawsuit
You are trying to protect your property rights, including yourself
File a case
Judge reviews
Case is either continued, dropped or they start to settle
If settlement is agreed to, no trial
Most cases are settled

34. Rights we have Protected by civil and criminal statutes
Property rights
Safety rights
Employment rights
Educations rights
More?

35. Elements of Crime vs. tort (civil)?
Duty
Breach
Intent
Duty
Breach
Injury (prove first)
Causation

36. All crimes are categorized into 2 groups, what are they?
Misdemeanors and felonies
Infractions are lower-level misdemeanors

37. What are the 2 great systems of law in the world today?
English Common law and Roman Civil Law

38. Only Louisiana uses civil law
Of the 2 systems of law, which one is used in the US in 49 of 50 states?
Common Law
Only Louisiana uses civil law

39. Which type of law is practiced most around the world?
Roman Civil Law

40. Name 4 things to describe a crime?
Against Society
Based on punishment
You are guaranteed a lawyer
High burden of proof
Jail, fines or death
Misdemeanor or felony
Government always is prosecutor

41. Name 4 things to describe a Tort?
Against a person or business
Based on restitution or damages
You are NOT guaranteed a lawyer
Lower burden of proof than a crime
Damages can be $$, property or judge ordered
Intentional, negligence or liability
Plaintiff is the side suing

42. QUESTIONS??

43. Thank you
I wish you all the best and hope you consider future law or business courses
Please see me with any individual questions or concerns about the exam, future classes or other questions I may answer