1. Law Criminal Vs. Civil

2. Civil Law
Civil Cases- cases where someone/something sues someone/something else to recover damages for loss or injury
Damages- an award of money
Plaintiff- party suing
Defendant- party being sued

3. Types of Civil Cases Negligence Breach of contract Family matters
Property disputes

4. Civil Suits in the News
Apple vs. Samsung- a patent dispute

5. Process of bringing a suit
Hire a lawyer to file a complaint with the court
The court sends a summons to defendant announcing they are being sued
Lawyers on both sides check facts and interview witnesses (discovery)
Settlement- defendant offers to pay money to the plaintiff
Mediator- helps two sides come up with a solution

6. Trial May be jury most likely judge decides
Plaintiff must only prove defendant was more then likely responsible
Loser has the right to appeal
Copy chart on p. 450

7. Criminal Cases Penal Code- spells out a states punishments
Parole- early release from prison
Judges have sentencing options
Suspended sentence (no timed served)
Probation
Home confinement
Monetary fine
Imprisonment
Death

8. Process
Arrest
Arraignment- defendant formally presented with crime and bail is reviewed
Trial
Each side calls witnesses to testify
Each side can cross-examine witnesses

9. Verdict Jury goes to room to determine guilt
To convict there must be no reasonable doubt
Most cases must have a unanimous verdict
Jury can decide to
Acquit- vote not guilty
Convict- vote guilty
Hung jury- no decision can be made
Usually benefits the defendant

10. Sentencing Judge decides on sentence after review facts of case
Judge has discretion in most cases
The defendant can appeal if they lose
Usually appeals say judge made errors or rights were violated
Prosecution cannot appeal- double jeopardy
Copy Chart on p. 457

11. Other Types of Law

12. Common Law Description Examples
Unwritten laws created based on prior court decisions (precedents) and tradition.
Examples
PrecedentsZenger trial established freedom of the press

13. Statutory Law Description Example Laws passed by a legislature (Acts)
1964 Civil Rights Act (outlawed segregation in America).

14. Administrative Law Description Example
A regulatory laws created by a government agency
Example
FDA standards, ‘bleeped’ words on the radio (FCC)

15. Constitutional Law Description Example
A Law created by the Constitution or Supreme Court decision
Example
No poll tax (24th Amendment), integrated schools (14th Amendment), Judicial Review (Marbury v. Madison)

16. International Law Description Example
laws created to regulate military agreements, trade, human rights & treaties with other nations.
Example
Geneva Convention Treaty outlaws the use of torture on POWs.

17. History of Law Our Laws are based on 3 historical laws
Hammurabi’s Code
Roman Law
English Common Law

18. Hammurabi’s Code 1772 BC Hammurabi King of Babylon (Iraq)
Eye for an Eye
No trial
You do the crime you do the time

19. Roman Law- 12 Tables 450 BC Posted in Public Everyone Aware of Law
Very Procedural (set up how things work)

20. English Common Law 1189AD English Tradition Procedure and punishment
Brought to Colonies
Became part of New Governments after revolution
Dark Blue: English Common Law used directly
Light Blue: Law based on English Common Law used

21. Create Laws You are creating a new country
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