II Kinds Of Laws Two Kinds of Laws

II. Kinds Of Laws

Two Kinds of Laws: n Criminal n n n Regulate public conduct, set out duties owed society Brought by the government against a person charged with committing a crime Penalties can include: n n n Imprisonment Fines Placed under supervision

Two Kinds of Laws: n Criminal - Divided into categories n Felonies - more serious crimes n n n Ex: Murder, Robbery Penalty is more than a year in prison Misdemeanors – less serious than felonies n n Ex: minor theft, simple assault One year in prison or less

Two Kinds of Laws: Civil - Regulate relations between individuals or groups n Civil Action – When you sue someone n n n Usually when you feel you have been wronged or injured by another person Awards can be: money (common), specific performance (you have to do something), injunction (you must stop doing something)

Kinds of Laws Summary Offense Penalty less than 90 days Ex: Retail theft less than $150 (first time) Selling tobacco to minors

Kinds of Laws n Summary Offenses n n Penalty is less than 90 days Ex: Selling tobacco to minors Ex: Retail Theft (first time, less than $150) Ex: Illegal Use of Shopping Carts

Two Kinds of Laws: n Civil - Common Types of Cases: n n n Injuries caused by car accidents Breach of contract cases Trespass onto property Divorce and Child Custody Landlord Evictions

Two Kinds of Laws: n Criminal Cases – n Result in GUILT n Civil Cases – n Result in LIABILITY

Two Kinds of Laws: n Sometimes, there is an overlap. n OJ Simpson n LA District Attorney brought a CRIMINAL case against him Had to prove guilt BEYOND A REASONABLE DOUBT RESULT? § NOT GUILTY

Two Kinds of Laws: n Several Months Later: n n n Family of Ron Goldman brought Civil Suit against OJ Simpson Basis of suit – Wrongful death Goldmans had to prove OJ was liable (not guilty) by a PREPONDERANCE OF THE EVIDENCE n n More likely than not true Result? n OJ LIABLE

Two Kinds of Laws: n WHY WAS THERE A DIFFERENT OUTCOME? n Different standards of proof n Higher in the criminal court n We are going to require a higher standard if we are going to send someone to jail – or impose the death penalty - as opposed to taking their money