Criminal law vs civil law
What constitutes a crime? Why would we consider something a crime? It’s a harm to society.
Criminal deals with establishing standards for SOCIALLY ACCEPTABLE BEHAVIOR. Not cool to kill/steal from people. What happens when the criminal law is violated – jail time.
Whats the standard of proof when it comes to criminal law? Beyone reasonable doubt. Reasonable evidence to support your claim.
The state vs. someone
CIVIL LAW – person vs. person ESTABLISH A STANDARD OF CONDUCT BETWEEN INDIVIDUALS.
USUALLY RESULTS IN MONEY OR INJUNCTIONS
Getting an injunction (an actually ruling) means that it prevents you from…
Specific performance – another equitable form of justice – an order by the court to follow a contract. They are saying you have to do it this way. Usually it means that its something that’s different. Usually relates to real estate. IF DERRICK HAS A 1953 CHERRY RED CORVET AND WE CAN TRACK TO GETIT AND THEN HE BACKS OUT AND CRASHES INTO IT. HE MIGHT HAVE TO GIVE ME THE CORVET – MONEY NOT ENOUGH.
Preponderance of the evidence – better than 50% - more likely than not that the person is guilty. Good way to think of this – the OJ simpson trial.
OJ simpson murder trial – the bloody glove did not fit. So there was reasonable doubt. So he was not found guilty.
But in civil court he was found guilty. Much lower standard of preponderance of the evidence.
Rit – where you are requesting a review.
Substance of law – Duties that a person is obligated to perform. Sarbanes oxley. Requirements that people have to perform otherwise they can be punished.
Procedural law –What you have to do in trial – requirements you have to meet to be able to bring your case – they govern how substantive law works. Aka Miranda rights. Steps to show that you’ve had due process. Another example is how trials are conducted. Certain steps you have to take when filing a suit. Remember 12b6.
Common law – judge made law. Court can interpret the something as something else and come up with a ruling.
CASES
Keelow? - The city of new London Connecticut – fiser wanted to set up a research facility there and some old lady’s house was standing in the way. She was likenuh uh.
Takings clause – 5th amendment – property can’t be taken without just compensation.
The government can take your property – eminent domain – if they give you just compensation.
An example of the court trying to decide when can the government come in and take your property. Tearing down a bunch of homes so fiser can build their business.
Grandma lost her house. Supreme court ruled 5-4 that the government can siece your property for public use. Tearing down your home so a giant drug manufacturer can blah blah. EXAMPLE OF COMMON LAW- the court defining the substantive law of what the government can do with your home.
Something island vs something devices – we’ll honor your laws. Why don’t you honor ours. Review this one.
Pleading stage of litigation – 1st type of pleading – a complaint filed by the plaintif. In the complaint they are saying this is what the defendant did. Defendant files the answer – can deny that the events have occurred and go on all day about.
Cross claim – defendant will sue another defendant. Think of examples of all of these ideas.
Discovery – its like if you are the plaintif – you have a pacemaker issue – you sue them – who nows if the doctor did it wrong or if the company made it wrong – they know but you don’t. you can file for discovery so that you can research and get information that the other side has.
A list of questions – innorogatories – that you send to the other side that you want answers for.
Request for remission – making statements – wanting to get the other side to admit. A way to parce down disagreement. Sometimes used to trick people.
Evidence – proof to support your claim – legally admissible in court. Testimony, documents, proof or disprove facts alleged in the proceedings.
Court made a