Final Exam Review 2013-2014

 Section 1- History of Law (Chapter 1)  Section 2- Criminal Law (Chapter 5)  Section 3- Civil Law (Chapter 6)

     Common Law Originated from England Tied closely with US Law Case in front of jury Builds over time (Case law) Precedent- means using a prior court ruling to help guide a case       Civil Law From Roman Empire Strict set of laws Tried in front of judge Created by senate/ruler In US, only Louisiana uses this Most common form of law in world today

     Common Law Laws created over time, by the people Juries hear cases Innocent until proven guilty Used in US by 49 of 50 states today Merged with equity courts in US     Positive Law Laws created by a King, Queen or religious figure Tried in front of ruler or appointed ruler Guilty unless proven innocent Not used in US or most of world today

 Statute- a law created by some elected official or elected body of people (like congress)  Ordinance- a local statute

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The power to decide a case

 Important because laws differ and the jurisdiction can decide the penalty  The legal act is decided where it took place  Jurisdiction applies with local laws, state laws or federal laws

 Laws organized into some group  Criminal Codes, business codes, civil codes or administrative codes, such as social security laws or DMV laws

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Latin term meaning to adhere to decided cases

 Important because it’s a common law rule that allows older case decisions to be used as a guide for future cases  It allows the law to be built over time

 Legal term meaning fairness  Making sure all people are given a fair trial and if a criminal matter, making sure they have a lawyer  Fairness also applies to a judge

 Built by the judicial branch of government  Judicial meaning courts  Judges rule and these cases are considered “precedent” (Guides) for future cases to be decided

 Laws created by elected bodies of officials  Department of Motor vehicles, Social Security or Medicare  Can come in form of taxes or fees to government

 Crimes are against society  Crimes are punishable by jail, fine or death  Crimes must be proven based on beyond a reasonable doubt  Government is the prosecution always  Torts are against a person or business  Torts involve property rights and lawsuits  Torts are proven based on a preponderance of evidence  Plaintiff is side bringing the lawsuit

Harder to prove Easier to prove than crime

 All of society pays for a persons criminal acts  We pay tax dollars for police, judges, public attorneys (District Attorney or Public Defender)  Cost involved to upkeep jails or prisons  Criminal acts effect the way people view any part of society as well

         Lawsuit is an argument over property Asking court to make defendant pay damages ($$, property or some form of restitution) Restitution- the damages ($$) paid to a plaintiff for their loss Person against person Person against business Business against person Business against business Person or business against Govt Gov’t against person or business

    Substantive law is based on the

definition (Statute)

of the law broken Part of both criminal cases and tort cases Forcing the plaintiff or prosecution to meet their burden Self defense, immunity

Law itself

    Procedural law is based on a persons legal rights Miranda rights in a criminal case Serving a defendant court papers in a civil case Allowing a defendant NOT to testify against their rights in court

Rights of a person

CRIME  Duty (The statute)  Breach (Broke the law or statute)  Intent (Meant to commit the act and do evil)

Based on Law

    TORT Duty (Care owed to another person) Breach (Broke the duty of care) Injury (Harm recognized by the law) Causation (Proof the breach caused the injury)

Based on Property Rights

 Speeding (Infraction)  Parking ticket (Infraction)  Manslaughter (Felony offense meaning murder without intent)

 Act in which a criminal defendant tries to escape criminal liability  Innocent until proven guilty  Because it’s a criminal offense, you are “GUARANTEED” a lawyer (No guarantee with civil/tort offense)

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Punishment!

 Not to rehabilitate, not to educate but to punish the wrongdoer

 Larceny- commonly known as theft. Can be petit or grand, depending on the amount stolen  Burglary- breaking into a building with the intent to commit a crime  Robbery- taking property off a person

 Taking something that has been entrusted to you “Without” permission  Ex) You work for a bank and you

take money without permission

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** Its still a crime if you pay it back later

 This means you are held liable for the acts of another person  Ex) An employee of yours destroys someone elses property while on the job, you as the owner can be held responsible for the acts of the employee

 Extortion is commonly known as blackmail  Ex) Telling an employee to work overtime for free or you will report them to the IRS for not paying taxes  Illegal, because you must report by law  Bribery- unlawfully offering something of value to influence a person  Ex) Giving a teacher money to pass you  Both sides can be found guilty of this crime

Blackmail Influencing with $$

 False Pretenses means lying about a past or existing fact  Type of fraud  Meaning to intentianlly mislead another person

 Petty Offense- type of lower level misdemeanor. Also known as Infraction. Commonly a speeding or parking ticket which leads to a fine  Misdemeanor- Less than 1 year in local prison and less than $1,000 fine or both  Felony- More than 1 year in state or federal prison, more than $1,000 fine or death

Misdemeanor  A less serious crime  Speeding is a misdemeanor that results in a fine  Fines are criminal, NOT civil  Felony More serious crimes like murder, rape or armed robbery  Punishment much more severe  On a persons records for life

Misdemeanor Felony

 Against a person or business  A lawsuit, NOT charges  Plaintiff looking for restitution or damages (Getting back what they lost)  Burden of proof on plaintiff to prove their case, but burden much lower than a criminal case  Everyone can be held responsible (including minors or mentally impaired people)

 Compensatory- to compensate a plaintiff for their losses. Always asked for in every lawsuit. Another name for compensatory damages is “actual” damages  Punitive- meant to punish a defendant. Hard to get. Asked for “Over and Above” the compensatory damage.

 Intentional- Where the defendant meant to commit the tort. Examples include assault, battery or illegal trespass.

 Negligence- based on “carelessness” and also the “Most common” tort  Liability- When the defendant is held responsible for their actions no matter what

 Conversion- tort version of theft  Fraud- Intentionally misrepresentation of an important fact. A form of false pretenses.

 Defamation- Intentionally trying to harm a persons reputation. Spoken Slander, Written libel  Assault- A threat  Battery- A physical act

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INJURY

 No injury no case  Must also prove the breach caused the injury (Causation)

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JUDGE

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Breach? (Jury)

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Civil act can cause a lawsuit

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You are trying to protect your property rights, including yourself

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File a case

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Judge reviews

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Case is either continued, dropped or they start to settle

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If settlement is agreed to, no trial

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Most cases are settled

 Protected by civil and criminal statutes  Property rights  Safety rights  Employment rights  Educations rights  More?

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Duty



Breach

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Intent

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Duty

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Breach

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Injury

(prove first) 

Causation

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Misdemeanors and felonies

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Infractions are lower-level misdemeanors

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English Common law and Roman Civil Law

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Common Law

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Only Louisiana uses civil law

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Roman Civil Law

 Against Society  Based on punishment  You are guaranteed a lawyer  High burden of proof  Jail, fines or death  Misdemeanor or felony  Government always is prosecutor

 Against a person or business  Based on restitution or damages  You are NOT guaranteed a lawyer  Lower burden of proof than a crime  Damages can be $$, property or judge ordered  Intentional, negligence or liability  Plaintiff is the side suing

 I wish you all the best and hope you consider future law or business courses  Please see me with any individual questions or concerns about the exam, future classes or other questions I may answer