Civil Law Basics OFFICE OF THE ATTORNEY GENERAL

Civil Law Basics OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Lesson goal Subhead To provide an introduction to the basics of civil law in Virginia. Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead Students will learn: • • • What civil law is and how it differs from criminal law What torts are Parental liability in Virginia Courts with jurisdiction in civil cases Limits on contracts by minors Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Civil law Subhead Civil law is the term used to describe non-criminal law having to do with private rights and remedies related to property, commerce, and administrative matters. Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Civil law, cont. Subhead Someone who violates a criminal law may be jailed, fined, or placed on probation. By contrast, someone who is liable under civil law may be ordered by a court to pay a sum of money to another person or to take some other action to remedy a problem. Subhead • So for example, someone who attacks another person may be charged criminally with assault and battery. However, the victim may also pursue the matter civilly by suing the attacker for damages such as broken glasses, medical bills, and lost wages that are related to the attack. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS What is a tort? Subhead Tort refers to an action that harms another person or his or her property. Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subheadparental Juveniles, torts, and responsibility What if a juvenile commits a tort in Virginia? • The fact that someone is a juvenile does not, by itself, release the person from responsibility for a tort. • Courts look at many factors in determining whether a juvenile will be held Subhead responsible. • In Virginia, the parents of persons under the age of 18 may be held liable for up to $2, 500 for damages to public or private property. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead Courts of jurisdiction In what courts are civil cases heard in Virginia? • Civil cases may be heard in either General District Court or Circuit Court, depending on the amount of the claim. • Circuit Courts have Subhead concurrent jurisdiction with General District Courts in claims over $4, 500 but not exceeding $25, 000 and exclusive original jurisdiction in claims exceeding $25, 000. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Contracts Subhead Contract law is one of the most significant areas of law. • A contract is an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as “consideration. ” Subhead • Contracts are at the heart of most business dealings. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead Examples of contracts Credit card agreements: The credit card company agrees to allow the cardholder to use the card, and thereby borrow money up to a limit, and the cardholder agrees to repay the money, with interest, according to the terms in the contract. Contract for services: In. Subhead Virginia public schools, the teachers have signed contracts with the school boards. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead Who can make contracts? In most cases, in Virginia, you must be at least 18 years old to enter into a legally binding contract without parental consent. In this area of the law, someone who is younger than 18 is referred to as a “minor. ” Subhead Minors are not considered to be “competent” to make a contract. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead Contracts and minors Most businesses will require a parent or another responsible adult to “cosign” a contract. The cosigner becomes responsible for the contract. One exception is when a minor contracts for “necessities, ” such as food. Subhead or shelter. • A minor who goes into a restaurant and orders food is bound to pay for the meal. • A minor who stays at a hotel is bound to pay for the lodging. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead Contracts and minors, cont. There a few circumstances under which the law recognizes a person younger than 18 years of age as an adult and permits his or her signing certain contracts. These include: • Persons in the armed services. • Persons who are married. Subhead • Those who have been “emancipated” by the court. Emancipation is a court procedure that frees a minor from parental control. (Code of Virginia, § 16. 1 -331. ) OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead “Take it or leave it” contracts Did you know that when you use software or Facebook, you sign a contract? • A Take it or Leave It Contract is a standardized contract form that offers goods or services to consumers on essentially Subheada “take it or leave it” basis without giving consumers realistic opportunities to negotiate terms that would benefit their interests. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead “Take it or leave it” contracts, cont. • It is commonly phrased “I Agree” or “I Do Not Agree. ” If the user does not select “I Agree, ” he or she is not allowed to use the software. • When you use software or Facebook, you sign this type of contract. Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CIVIL LAW BASICS Subhead Review and recap You have learned: • What civil law is and how it differs from criminal law • What torts are Subhead • Parental liability in Virginia • Courts with jurisdiction in civil cases • Limits on contracts by minors OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

OFFICE OF THE ATTORNEY GENERAL COMMONWEALTH OF VIRGINIA • WWW. AG. VIRGINIA. GOV For more information about Virginia laws that affect teens, visit www. virginiarules. org © Office of the Attorney General of the Commonwealth of Virginia