Criminal and Civil LawCriminal and Civil Law

Civil LawCivil Law Dispute between two or more Dispute between two or more

individuals or between individuals individuals or between individuals and the governmentand the government

Arise because one party believes Arise because one party believes they have suffered at the hands of they have suffered at the hands of the other partythe other party

Types of Civil LawTypes of Civil Law ContractsContracts Property LawProperty Law Family LawFamily Law TortTort – any wrongful act other than a – any wrongful act other than a

broken contract for which a person broken contract for which a person may suemay sue

Steps in a Civil CaseSteps in a Civil Case Plaintiff – files comPLAINt against DEFENDantPlaintiff – files comPLAINt against DEFENDant Defendant receives a summons that explains Defendant receives a summons that explains

the lawsuitthe lawsuit 90% of civil suits are settled outside of court90% of civil suits are settled outside of court

Out of court settlementOut of court settlement – defendant pays a lump sum – defendant pays a lump sum of money to avoid a trialof money to avoid a trial

MediationMediation – when plaintiff & defendant use lawyers to – when plaintiff & defendant use lawyers to try to reach a agreement out of court so as to avoid a try to reach a agreement out of court so as to avoid a trial. trial.

Arbitration – Arbitration – when both parties agree to abide by the when both parties agree to abide by the decision of a unbiased third person. They submit a decision of a unbiased third person. They submit a written argument to that person, who makes a legally written argument to that person, who makes a legally binding decision. binding decision.

May take years to go to courtMay take years to go to court

Criminal LawCriminal Law

The State or Federal government The State or Federal government charges someone with a crime charges someone with a crime

Government is the prosecution and Government is the prosecution and the defendant is the person being the defendant is the person being accusedaccused

Crimes are anything that breaks a Crimes are anything that breaks a criminal law and causes injury or criminal law and causes injury or harm to others or society in generalharm to others or society in general

Types of Criminal LawTypes of Criminal Law Petty Offenses – illegal parking, littering, Petty Offenses – illegal parking, littering,

disturbing peacedisturbing peace Results in citations/ticketsResults in citations/tickets

Misdemeanors – vandalism, stealing Misdemeanors – vandalism, stealing inexpensive items, disorderly conductinexpensive items, disorderly conduct Results in fines or jail (1 year or less)Results in fines or jail (1 year or less)

Felonies – burglary, kidnapping, arson, Felonies – burglary, kidnapping, arson, murdermurder Results in imprisonment for a year or more or Results in imprisonment for a year or more or

even the death penaltyeven the death penalty

Steps in Criminal CasesSteps in Criminal Cases Investigation and arrest – police investigate Investigation and arrest – police investigate

the crime and issue an official arrest the crime and issue an official arrest warrant with the suspectwarrant with the suspect’’s name and the s name and the crime committed on itcrime committed on it

Must be brought to a judge ASAP to be read Must be brought to a judge ASAP to be read rights and be formally charged (habeus rights and be formally charged (habeus corpus). May claim guilty or not guilty. corpus). May claim guilty or not guilty.

Claims not guilty – case goes to Grand Jury Claims not guilty – case goes to Grand Jury 90% of cases end with plea bargaining – 90% of cases end with plea bargaining –

pleading guilty for a lesser punishmentpleading guilty for a lesser punishment If accused of a Felony you may choose If accused of a Felony you may choose

between a jury trial or just a judgebetween a jury trial or just a judge Jury hears trial, decides guilty or not, judge Jury hears trial, decides guilty or not, judge

sentencessentences

Steps in a Criminal CaseSteps in a Criminal Case These steps are due process. Due process These steps are due process. Due process

are the steps are the steps everyoneeveryone must go through must go through when being charged in a criminal case.when being charged in a criminal case.

Substantive due process –certain rights of Substantive due process –certain rights of an individual, some specified in the an individual, some specified in the Constitution (ex. Free speech), others not Constitution (ex. Free speech), others not (right to make personal decisions).(right to make personal decisions).

Procedural due process – provides Procedural due process – provides protection that ensure that constitutional protection that ensure that constitutional law and statutory (all other laws) rights are law and statutory (all other laws) rights are protected by law enforcement. protected by law enforcement.

Why do we need both types of due process?Why do we need both types of due process?

LetLet’’s look at an example….s look at an example…. Court ExamplesCourt Examples ConradConrad https://www.youtube.com/watch?https://www.youtube.com/watch?

v=N277h7NKbGg v=N277h7NKbGg

MaybeMaybe

What do you think?What do you think? How can a person be charged with a How can a person be charged with a

crime in both a criminal and civil case?crime in both a criminal and civil case? What constitutes probable cause when What constitutes probable cause when

dealing with search and seizure?dealing with search and seizure? Why would someone opt for an out of Why would someone opt for an out of

court settlement or plea bargain?court settlement or plea bargain? Would you rather have a trial by jury or Would you rather have a trial by jury or

by judge? Why?by judge? Why?