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Published byTeresa Allen Modified over 9 years ago
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Lawsuits -Type of Civil Court Case -Lawsuits are when one person sues another for damages An award of money paid for harm (compensatory or punitive) -Property Disputes -Contract Issues -Divorce -Negligence -Personal Injury
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Suits of Equity -Another type of Civil Law -Suits of Equity ask the court to make a decision based on fairness in an area where there is no law -Usually started to prevent some action from taking place Keep things from happening -Injunctions—a court order to do or not do something Example: protests A San Francisco Superior Court judge has granted the city’s second civil injunction against criminal street gangs, this time against 30 alleged Norteno gang members in the Mission District. A Superior Court Judge granted the City Attorney a preliminary injunction to “one of San Francisco’s most violence-prone neighborhoods,” according to the City Attorney’s office. The 60-block “safety zone,” known to be Norteno turf area, prohibits the 30 alleged gang members named in the injunction from gang-related activities such as possessing weapons or drugs, graffiti vandalism, trespassing, gang recruitment, associating with other gang members and loitering between 10 p.m. and 5:30 a.m. Violation of the injunction could result in monetary penalties or up to five days in jail for each violation under civil prosecution, or up to six months in jail under criminal prosecution, the City Attorney’s office reported. Enforcement of the injunction “will address the serious problems these individuals have caused to the neighborhood and its residents, while safeguarding civil liberties.”
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Civil Court Procedure -Can take years to settle in court because of so many cases Most settle out of court Steps: -File a Complaint Formal statement naming plaintiff, defendant, and nature of lawsuit -Summons is issued Sent to the defendant to inform them of the case -Attorney’s exchange pleadings The complaint and the defendant’s answer together -Court presentations Attorneys present cases
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Civil Court Procedure -Judge or jury deliberate “Preponderance of evidence” Whoever has best evidence wins -Verdict is issued Plaintiff wins = remedy set Plaintiff loses = gets nothing and pays court costs
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Criminal Cases -Criminal Case -law that deal with cases involving violations of criminal code Government charges defendant with a crime and is always the prosecution “State vs. ___________” -Penal Code set of written laws and punishments designed by each state and the federal government to describe crimes Police officers, lawyers, and judges must know it
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Types of Criminal Cases -Misdemeanors Lesser crimes -Felonies Serious/violent crimes -Crimes against Property Larceny, Burglary, Robbery Vandalism, Fraud, Embezzlement -Crimes against People Murder Manslaughter Rape Kidnapping Assault
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Criminal Penalties -Penalties vary according to the seriousness of the crime committed (8 th Amendment) -Crime against people will carry greater punishments -Role of Punishment -rehabilitation, deterrence Goal is to help criminals learn to re-enter society and be productive Keep others from committing crimes
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Criminal Penalties -Indeterminate Sentencing -Judge gives a range of sentences Depends on judge, politics, etc. -Mandatory Sentencing -3 strike laws: 3 times charged = jail time -Parole Early release from jail
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