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.