15.2&3 Civil Law


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15.2&3 Civil Law

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