Transcript United States Government

Civil Law
Key Terms
civil law, contract, expressed contract, implied
contract, real property, personal property,
mortgage, tort, plaintiff, defendant, injunction,
complaint, summons, answer, discovery, mediation,
affidavit
Find Out
• What are the various types of civil law that affect
people today?
• What are the steps in a civil law case?
Civil Law
Understanding Concepts
Political Processes How does the legal system
attempt to provide justice for all?
Section Objective
Explain the various types of civil law and the steps
involved in resolving a civil dispute.
Justice David J. Brewer once stated,
“America is the paradise of lawyers.” There
are more lawyers in the United States than
in any other country. In 1998,
approximately 912,000 lawyers practiced
in the United States, mostly in civil law.
I. Types of Civil Law (pages 430–432)
A. Civil law, which concerns disputes between
two or more individuals or between
individuals and government, makes up about
90 percent of the cases heard in state courts.
B. Four of the most important types of civil law
deal with 1) contracts, 2) property, 3) family
relations, and 4) civil wrongs causing
physical injury or injury to property (tort).
C. Contract law involves a contract, or a set of
enforceable voluntary promises.
I. Types of Civil Law (pages 430–432)
D. Property law deals with the use and
ownership of property.
E. Family law deals with relationships among
family members—marriage, divorce, and
child custody.
F. Civil wrongs, or torts, deal with any wrongful
act for which the injured party has the right
to sue for damages in a civil court.
G. Equity law settles disputes on the grounds
of fairness.
I. Types of Civil Law (pages 430–432)
What is civil law, and what are the four
most common kinds of civil law cases?
Civil law settles disputes between people.
Contract, property, family, and tort cases.
II. Steps in a Civil Case (pages 433–434)
A. In a civil case, called a lawsuit, a plaintiff
seeks damages, usually an award of money,
from the defendant.
B. To begin, the plaintiff usually hires a lawyer,
either on a contingency fee, usually one-fifth
to one-half of the total award, or for an
hourly fee.
C. Most lawsuits go to state courts; the plaintiff
sets forth the charges against the defendant
in a complaint.
II. Steps in a Civil Case (pages 433–434)
D. During discovery, each side prepares
for the trial by checking facts and
gathering evidence.
E. About 90 percent of civil lawsuits are settled
before trial, using several settlement
techniques.
F. If all else fails, the civil lawsuit goes to trial,
in which procedures are similar to those in
criminal trials; civil lawsuits are tried by a
jury or a judge, who decides the verdict.
G. When the plaintiff wins, the court awards
damages; however, if the defendant refuses
to pay, the plaintiff must get a court order to
enforce payment.
II. Steps in a Civil Case (pages 433–434)
Some people think that limitations should be
placed on damage awards in civil cases.
What would be some advantages and
disadvantages of doing this?
Answers will vary. Students should address
the effects of limiting damage awards.
III. Small Claims Courts (pages 434–435)
A. Most states provide an alternative to lengthy
civil trials by setting up small claims courts.
B. Small claims courts hear civil cases dealing
with collecting small debts, property damage,
small business problems, and the like.
C. Small claims court cases are usually heard
by a judge and involve maximum claims of
$1,000 to $5,000, depending on the state; the
judge’s decision is legally binding.
III. Small Claims Courts (pages 434–435)
Why are small claims courts an important
part of the civil justice system?
These courts provide a quick and simple way
to solve minor disputes.
Checking for Understanding
1. Main Idea Use a graphic organizer like the one
below to show the five steps in a civil lawsuit.
1. hiring a lawyer; 2. complaint; 3. discovery;
4. trial; 5. award
Checking for Understanding
Match the term with the correct definition.
___
C civil law
___
A contract
___
F expressed
contract
___
D implied
contract
___
B tort
___
E affidavit
A. a set of voluntary promises, enforceable
by the law, between two or more parties
B. a wrongful act, other than breach of
contract, for which an injured party has
the right to sue
C. relating to disputes among two or more
individuals or between individuals and
the government
D. a contract in which the terms are not
specifically stated but can be inferred
from the actions of the people involved
and the circumstances
E. a written statement to prove statements
as fact signed by a witness under oath
F. a contract in which the terms are
specifically stated, usually in writing
Checking for Understanding
3. Identify Fair Housing Act.
The Fair Housing Act is a federal law that
aims to protect people against discrimination
on the basis of race, religion, color, national
origin, or gender when they try to buy a home
or obtain a loan.
Checking for Understanding
4. What do four of the most important branches of
civil law deal with?
Contracts, property, family relations, and torts
Checking for Understanding
5. What is the difference between intentional tort
and negligence tort?
An intentional tort involves a deliberate act that
results in harm to a person or property;
negligence involves careless or reckless
behavior in which a person fails to do something
that a reasonable person would have done.
Critical Thinking
6. Drawing Conclusions In your opinion should
mediation and arbitration be used to settle most
civil lawsuits in order to prevent overburdening
the court system?
Answers will vary. Students may be in general
agreement in favoring resolutions without trials
but some students may stress that going to trial
should remain an option.
Political Processes Interview relatives
or a neighbor who has been involved in
a lawsuit or in small claims court. Find
out the nature of the dispute and the
way the lawsuit was resolved. Make
sure you get the individual’s permission
before discussing the case in class.
Present a brief documentary of your
findings to the class.