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CIVIL LAW
Lecture 5
1.Civil Law
2.Civil Law (Procedure)
3.Family Law
USEFUL LINKS:
• https://ppp.worldbank.org/public-private-
partnership/legislation-regulation/framework-
assessment/legal-s...
CIVIL LAW
• body of laws that govern ordinary private matters,
separate from laws presiding over criminal, military,
or po...
The standards of proof required to reach a verdict:
• Preponderance of Evidence
(Evidence that persuades a judge or jury t...
Preponderance of Evidence:
• The standards of proof required to reach a verdict
- requires that the plaintiff convince the...
For example:
• John files a lawsuit against Mary, claiming she damaged his property
while renting his condominium.
• John ...
Clear and Convincing Evidence:
• used in many equity cases, such as paternity
determination, child custody, juvenile
delin...
Example:
• James is suing Charlotte for crashing into his car while it was
parked since she did not carry insurance to cov...
Tort law
• is a branch of civil law that is
concerned with personal injury
and civil wrongdoing.
• A tort is a civil wrong...
Contract Law:
•deals with agreements
between two or more parties,
each of which is obligated to
hold up their portion of t...
Categories of torts:
• Negligence is an unintentional tort, to which there are
four elements that must be satisfied.
• Dut...
Property law:
• Personal property
- tangible, such as
jewelry, animals, and
merchandise,
- intangible such as patents,
cop...
Types of property law torts:
• Trespass to chattels refers to a defendant intentionally and
physically interfering with th...
Family Law:
• marriage, divorce, annulment;
• child custody, adoption, birth, child
support,
• any other issues affecting ...
Example:
• Paula Jones, one of the many women who allege sexual assault,
sexual harassment and rape by the man Hillary Cli...
Liebeck v. McDonald’s Restaurants
CV-93-02419, 1995 (N.M. Dist., Aug. 18, 1994)
This case began when 79-year-old Stella Li...
Civil law overview
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Civil law overview

Civil law

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Civil law overview

  1. 1. CIVIL LAW Lecture 5 1.Civil Law 2.Civil Law (Procedure) 3.Family Law
  2. 2. USEFUL LINKS: • https://ppp.worldbank.org/public-private- partnership/legislation-regulation/framework- assessment/legal-systems/common-vs-civil-law • https://legaldictionary.net/civil-law/ • https://legaldictionary.net/civil-lawsuit/ • https://www.justice.gov/civil/current-and-recent-cases
  3. 3. CIVIL LAW • body of laws that govern ordinary private matters, separate from laws presiding over criminal, military, or political matters • a body of rules that •defines and protects the private rights of citizens •offers legal remedies that may be sought in a dispute
  4. 4. The standards of proof required to reach a verdict: • Preponderance of Evidence (Evidence that persuades a judge or jury to lean to one side as opposed to the other, during the course of litigation) • Clear and Convincing Evidence used in many equity cases, such as paternity determination, child custody, juvenile delinquency, probate, and persons in need of supervision.
  5. 5. Preponderance of Evidence: • The standards of proof required to reach a verdict - requires that the plaintiff convince the court that, based on the evidence presented at trial, it is “more likely than not” that the plaintiff’s allegation is true. In most cases, this means that there must be at least a 51 percent likelihood that the facts are true.
  6. 6. For example: • John files a lawsuit against Mary, claiming she damaged his property while renting his condominium. • John provides the court with pictures taken before Mary moved in, and after she moved out, to prove that the damages occurred while she was in possession of the property. • Mary provides witness testimony to back up her claim that the damage existed when she moved into the condo. Mary does not have photos or other documentation showing the condition of the condo prior to moving in. • By showing the court the condition of the condo at the time it was rented to Mary, and the condition after she moved out, John has proven by a preponderance of evidence that Mary caused, or was responsible for, the damages. John has met his burden of proof, and will likely collect from Mary.
  7. 7. Clear and Convincing Evidence: • used in many equity cases, such as paternity determination, child custody, juvenile delinquency, probate, and persons in need of supervision. • Evidence in this standard must be substantially more probable to be true, and give the judge or jury a firm belief that it is true. • This is a higher standard of proof than preponderance of evidence.
  8. 8. Example: • James is suing Charlotte for crashing into his car while it was parked since she did not carry insurance to cover the cost of the damage. • He is asking the court to order Charlotte to pay to replace his vehicle, as the amount needed to repair it exceeds its value. • Because James is the person who filed the lawsuit, he must prove, by a preponderance of evidence, that the accident was Charlotte’s fault.
  9. 9. Tort law • is a branch of civil law that is concerned with personal injury and civil wrongdoing. • A tort is a civil wrong, done by one person or entity to another which results in injury or property damage, and frequently involves monetary compensation to the injured party.
  10. 10. Contract Law: •deals with agreements between two or more parties, each of which is obligated to hold up their portion of the agreement. •If one party violates any of the provisions of the contract, they have committed a civil wrong known as “breach of contract.”
  11. 11. Categories of torts: • Negligence is an unintentional tort, to which there are four elements that must be satisfied. • Duty. The defendant had a duty to act in a reasonable manner • Breach of Duty, meaning that the defendant failed to act reasonably • Causation. The defendant’s breach of duty must be the cause of the plaintiff’s injury or loss • Damages. Monetary, property, or other loss
  12. 12. Property law: • Personal property - tangible, such as jewelry, animals, and merchandise, - intangible such as patents, copyrights, stocks, and bonds. • Real property refers to land and anything built on it that cannot be easily removed, as well as anything under the surface of the land, such as oil and minerals.
  13. 13. Types of property law torts: • Trespass to chattels refers to a defendant intentionally and physically interfering with the plaintiff’s right to possession and use of their personal property. • Trespass to land occurs when a defendant enters plaintiff’s private property without consent of the plaintiff. • Conversion refers to a defendant depriving a plaintiff of their personal property without the plaintiff’s consent, and then using the plaintiff’s property as his own.
  14. 14. Family Law: • marriage, divorce, annulment; • child custody, adoption, birth, child support, • any other issues affecting families • palimony • same-sex marriage, • artificial conception, • in vitro fertilization, • surrogate motherhood There is not necessarily a person who committed a civil wrong.
  15. 15. Example: • Paula Jones, one of the many women who allege sexual assault, sexual harassment and rape by the man Hillary Clinton is married to, filed a civil suit alleging sexual harassment by Bill Clinton during his time as governor of Arkansas. • Despite his claims that he didn’t do anything, Bill Clinton- through his political cronies scraped up and gave Ms. Jones $600,000+ dollars to shut her up. • This “settlement” prevented the case from going before a jury and possibly causing the then President to be impeached (oops!) or possibly having a negative effect on the woman he is married to’s chance at becoming president herself one day (oops).
  16. 16. Liebeck v. McDonald’s Restaurants CV-93-02419, 1995 (N.M. Dist., Aug. 18, 1994) This case began when 79-year-old Stella Liebeck, who was a passenger in her grandson’s car, purchased a cup of coffee at McDonald’s drive-through. While the car was still parked, Liebeck removed the lid from the cup to add some creamer to her coffee, inadvertently dropping the cup and spilling the scalding hot coffee on her lap. Liebeck suffered third-degree, deep tissue burns on her legs that required multiple surgeries and skin grafts.

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