1. Criminal and Civil Law

2. Civil Law Dispute between: Dispute between: two or more individuals two or more individuals individuals and the government individuals and the government individual against a company or organization individual against a company or organization Arise because one party believes they have suffered at the hands of the other party Arise because one party believes they have suffered at the hands of the other party

3. Types of Civil Law Contracts Contracts Property Law Property Law Family Law Family Law Tort – any wrongful act other than a broken contract for which a person may sue Tort – any wrongful act other than a broken contract for which a person may sue

4. Steps in a Civil Case Plaintiff – files comPLAINt against DEFENDant Plaintiff – files comPLAINt against DEFENDant Defendant receives a summons that explains the lawsuit Defendant receives a summons that explains the lawsuit This way the defendant can prepare the case to defend themselves This way the defendant can prepare the case to defend themselves May take years to go to court May take years to go to court

5. Out of Court Settlement 90% of civil suits are settled outside of court 90% of civil suits are settled outside of court Benefits: Benefits: Save court fees Save court fees Faster than waiting for trial Faster than waiting for trial Could get better result Could get better result Keeps company name out of the media Keeps company name out of the media

6. Criminal Law Crimes are anything that breaks a criminal law and causes injury or harm to others or society in general Crimes are anything that breaks a criminal law and causes injury or harm to others or society in general The State or Federal government charges someone with a crime The State or Federal government charges someone with a crime Government is the prosecution and the defendant is the person being accused. Government is the prosecution and the defendant is the person being accused.

7. Types of Criminal Law Petty Offenses – illegal parking, littering, disturbing peace Petty Offenses – illegal parking, littering, disturbing peace Results in citations/tickets Results in citations/tickets Misdemeanors – vandalism, stealing inexpensive items, disorderly conduct Misdemeanors – vandalism, stealing inexpensive items, disorderly conduct Results in fines or jail (1 year or less) Results in fines or jail (1 year or less) Felonies – burglary, kidnapping, arson, murder Felonies – burglary, kidnapping, arson, murder Results in imprisonment for a year or more or even the death penalty Results in imprisonment for a year or more or even the death penalty

8. Steps in Criminal Cases Investigation and arrest – police investigate the crime and issue an official arrest warrant with the suspect’s name and the crime committed on it Investigation and arrest – police investigate the crime and issue an official arrest warrant with the suspect’s name and the crime committed on it Must be brought to a judge ASAP to be read rights and be formally charged (habeus corpus). May claim guilty or not guilty. Must be brought to a judge ASAP to be read rights and be formally charged (habeus corpus). May claim guilty or not guilty. Claims not guilty – case goes to Grand Jury to decide if there is enough evidence for a trial Claims not guilty – case goes to Grand Jury to decide if there is enough evidence for a trial If accused of a Felony you may choose between a jury trial or just a judge If accused of a Felony you may choose between a jury trial or just a judge Jury hears trial, decides guilty or not, judge sentences Jury hears trial, decides guilty or not, judge sentences

9. Plea Bargaining 90% of cases end with plea bargaining – pleading guilty for a lesser punishment 90% of cases end with plea bargaining – pleading guilty for a lesser punishment Defense and prosecution meet and agree on a deal Defense and prosecution meet and agree on a deal Sometimes requires the defendant to provide information needed for another case Sometimes requires the defendant to provide information needed for another case Other option is to make the charge less serious to get a guilty plea Other option is to make the charge less serious to get a guilty plea EX: Brooke Mueller pled guilty to cocaine possession in order to drop intent to distribute and assault charges and get a deferred judgment. Charges will be dismissed if she completes rehab and community service. If not, jail. EX: Brooke Mueller pled guilty to cocaine possession in order to drop intent to distribute and assault charges and get a deferred judgment. Charges will be dismissed if she completes rehab and community service. If not, jail.

10. Double Whammy It is possible to be found guilty in a criminal court AND sued in a civil court It is possible to be found guilty in a criminal court AND sued in a civil court Ex: A thief robs a convenience store by beating the cashier with a baseball bat. Ex: A thief robs a convenience store by beating the cashier with a baseball bat. Criminal Case- robbery and assault Criminal Case- robbery and assault Civil Case – emotional distress, medical bills, repairs for anything broken Civil Case – emotional distress, medical bills, repairs for anything broken

11. Examples Civil Court: http://www.youtube.com/watch?v=kt3L8c 0Dv_M&feature=related Civil Court: http://www.youtube.com/watch?v=kt3L8c 0Dv_M&feature=related http://www.youtube.com/watch?v=kt3L8c 0Dv_M&feature=related http://www.youtube.com/watch?v=kt3L8c 0Dv_M&feature=related http://www.youtube.com/watch?v=bi8Wo PHTflc&feature=related http://www.youtube.com/watch?v=bi8Wo PHTflc&feature=related Criminal Court: http://www.youtube.com/watch?v=MdqB NwWqJyQ Criminal Court: http://www.youtube.com/watch?v=MdqB NwWqJyQ http://www.youtube.com/watch?v=MdqB NwWqJyQ http://www.youtube.com/watch?v=MdqB NwWqJyQ