Criminal Law

Particular Crimes can be grouped under 3

headings:

• Crimes against people

• Crimes against property

• Crimes against business interests

Crimes Against People

Murder – unlawful killing of another human being with an evil intent

before the killing took place.

• 1st degree – premeditation, cruel way

• 2nd degree – if none of the above conditions apply. No death penalty.

Manslaughter – unlawful killing of another human without evil intent.

• Voluntary

• Involuntary

Assault and Battery

• Battery – the unlawful touching of another person

• Assault – the attempt to commit a battery. Pointing or shooting a gun at

someone.

Crimes Against Property

• Burglary – Breaking or opening and entering of a dwelling house with the intent to commit a felony.

• Larceny – Unlawful taking and carrying away of personal property of another with intent to deprive the owner.

– Grand – Stealing more than $300 worth of property, Felony.

– Petty – Stealing less than $300 worth of property, Misdemeanor.

Crimes Against Property

• Embezzlement – wrongful taking away of another’s property by a person who has been trusted with that property.

• Robbery – wrongful taking and carrying away of the personal property of another accompanied by violence or threats. Taking from the person, by use of force

• Arson – willful and malicious burning of a house or other building.

Crimes Against Business Interests

• Larceny by False Pretenses – taking of someone’s money or property by intentionally deceiving that person.

• The false statements that are made must be intended to mislead, or defraud, the victim.

• Forgery – False making or changing of writing with the intent to defraud. The forged item must have some legal effect.

• Bribery and Extortion • Bribery –To pay or give anything of value to public officials in order to

influence their official activity.

• Extortion – the unjust taking of money or a thing of value by a public official or others which is not due.

• Computer Crimes – new laws to meet the needs of the changing technology.

Sentencing Convicted Criminals

Fines – the payment of a specified amount of money as a

penalty for committing a crime.

– Use for lesser offenses

Imprisonment – going to jail

– Indefinite sentence – Judge may sentence a criminal for a

minimum and a maximum amount of time in jail. Good

behavior.

– Definite sentence – the exact # of years the criminal will

have to serve.

– Some crimes carry a mandatory sentence. Judge has no

influence.

Tort Law (Civil Law)

Tort Law seeks to protect people from wrongful acts that

cause them injury (to their personal, property, or other

legal rights).

Under the law, all people are entitled to certain rights:

• The right to be free from bodily harm.

• The right to enjoy a good reputation.

• The right to conduct business w/o unwarranted

interference.

• The right to have one’s property free from damage or

trespass.

Tort Law

Torts are like crimes in that they involve wrongs

but torts are involving wrongs to individuals or

firms not wrongs to society.

Torts involve civil (non-criminal) concerns. The

right to be free from a tort is based on duties

imposed by society.

Tort Law

There are 3 main types of torts:

• Intentional Torts

• Negligent Torts

• Strict Liability Torts

Intentional Torts

Requirements:

• Intent to act.

• Act committed, not something else, caused the

plaintiff’s injury.

• Injury – personally, property, or the

deprivation of a right.

Types of Intentional Torts

Those that interfere with personal rights: • Battery

• Assault

• False Imprisonment

• Defamation – (Slander is oral while Libel is written)

• Infliction of mental distress – may or may not also need to prove physical injury.

• Invasion of privacy – right seems to be expanding.

• Nuisance – anything that interferences with the enjoyment of life or property.

Types of Intentional Torts

Torts that interfere with property rights

• Conversion – Unauthorized taking or borrowing

of personal property of another for the use of

the taker.

• Interference with contractual relations.

• Interference with prospective business

relationship.

• Trespass – refers to everything a person can own,

mostly real property.

Negligent Torts

Requirements:

• Existence of a duty – It is foreseeable that some injury might occur if reasonable care is not used.

• Breach of duty – defendant does not use reasonable care. Generally measured by what others would do in the same position. Industry Standards.

• Proximate cause – is there a close relationship between breach of duty and the injury? Causal relationship is close.

• Has the plaintiff suffered a legal injury? Physical,

mental, economic injuries or loss of protected rights.

Strict Liability Torts

• Compared to Intentional and Negligent Torts

– Does not require a finding of intent to commit act

– Does not require a finding of fault/negligence.

• Requirements

– Is there a dangerous/defective product?

– Did defective/dangerous product cause injury?

– Did defect exist when product left defendant’s control?

Remedies for Torts

Most can be compensate with money

Injunction – court order issued by a judge ordering a

person to do or not to do something. Is available

in special circumstances only, where money

damages will not adequately repay the injured

party.

Trial Procedures

Civil Trial Procedures:

• Pre Litigation

• Pleading

• Pretrial Activities

• Trial Procedures

• Appellate Process

Pre Litigation Stage

• WHO are the parties who could be sued?

• WHAT is the basis of the lawsuit? – Is there

an advantage to one or more causes of action

for the suit?

• WHEN will the litigation begin – is earlier or

later better? Why?

• WHERE will the litigation take place?

Pleading Stage

• Complaint – Legal document containing a short and plain statement of the plaintiff’s claim against the defendant.

– Jurisdictional Facts + Historical Facts + Prayer for Relief

• Summons – gives defendant official notice of the suit and specified response time.

• Answer – the defendant’s response to the complaint – item by item denying or admitting to the claims of the plaintiff. Must be file within the time period allowed or lose of case by default.

– May also include Counterclaims or Affirmative Defense

Pretrial Activities Stage

• Discovery – both parties have to make any relevant

information available to the opposing parties. The idea is

to eliminate surprises at the trial and perhaps to obtain

settlement of dispute.

– In the US, discovery is very expensive and time-consuming.

• Pretrial Conference – brings the judge up to date on

discovery, unresolved issues, need for trial. Judge may

seek to move case to settlement/trial rather than let

discovery continue for a longer time.

Trial Procedures Stage

• Selection of Jury – In civil case, both parties have the right to jury, but can waive.

– In civil cases, often the jury does NOT have to reach a unanimous verdict.

• Presentation of evidence – Opening statement – an outline of what is to follow; not

evidence.

– Testimony of witnesses

– Closing statements – like opening statement – not evidence

– Verdict – Jury takes LAW + FACTS = VERDICT

– Judgment, not verdict ends the case. Judge can reverse or seek to modify jury verdict if evidence does not support verdict.

Appellate Process Stage

• Trial Court record is established.

• Parties submit written arguments through

Briefs.

• Oral arguments to Court.

• Written opinion into legal reporter.