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15.2&3 Civil Law
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  • 1. Civil and Criminal Law Objective: Analyze American law as it relates to Civil and Criminal Procedure
  • 2. Types of Civil Law
    • Civil Law concerns disputes among two or more people involving anything except criminal law
    • Contracts- are a set of voluntary promises, enforceable by law
    • Expressed Contracts are done in writing
    • Implied Contracts can be verbal or not expressly stated but inferred from the actions of the person
  • 3. Types of Civil Law
    • Property Law- deals with the use and ownership of property
    • Types of property include:
    • Real property is land or anything attached to or growing on it
    • Personal property- includes moveable things, and intangible items likes copyrights, stocks, patents
  • 4. Types of Civil Law
    • Family Law- deals with relationships among family members
    • Includes marriage, divorce, and parent-child relationships including child custody
    • Torts- is any wrongful act for which the injured party has the right to sue for damages in civil court.
    • Two major categories for torts: Intentional and Negligence
  • 5. Criminal Law
    • A Crime is an act that breaks a criminal law and causes injury or harm to people or society
    • The Criminal Justice System consists of three parts Police, Courts, Corrections
  • 6. Types of Crime
    • Petty Offenses are crimes where a person receives a ticket or citation (parking or speeding ticket)
    • Misdemeanors- are minor crimes where a person can be sent to jail for no more than two years (vandalism, assault, larceny, DUI)
    • Felonies- are serious crimes where a person can be sent to prison for two years or longer (murder, arson, rape, manslaughter)
  • 7. Steps in Criminal Cases
    • 1. Investigation and Arrest- A valid arrest warrant must be issued
    • Arrest can occurred without warrant if crime committed in police presence
    • Once arrested suspect is transported to the station and booked
    • 2. Initial Appearance- An arrested person must be brought before a judge as quickly as possible (usually 24hrs.)
  • 8. Steps in Criminal Cases
    • Suspect is formally charged
    • The judge ensures the arrest was legal and probable cause existed and bail is set
    • 3. Preliminary Hearing or Grand Jury- a group of citizens review the prosecutions allegations to see if enough evidence exist for a trial
    • If so they the jury hands up an Indictment
  • 9. Steps in Criminal Cases
    • 4. Plea Bargaining- 90 percent of all cases end with a plea bargaining
    • This is a process where the prosecution and defense lawyers work a deal in exchange for a guilty plea
    • 5. Arraignment and Pleas- The judge reads the charges against the defendant again and asks for a plea
    • Four types of pleas 1. not guilty 2. not guilty by insanity 3. guilty 4. no contest
  • 10. Steps in Criminal Cases
    • 6. Trial- A jury is seated to hear evidence from both sides
    • 7. The Decision- After final arguments the jury goes in to the jury room for secret deliberations
    • Afterwards the Jury Forman reads the verdict
    • 8. Sentencing- If verdict is not guilty the defendant is released
    • If found guilty the defendant is sentenced to their punishment