Civil and Criminal Law

A.Types of Civil Law

1. Civil law- a branch of law that deals with disputes between
people, companies, and government. These disputes when one party
claims to have been harmed by the other.
2. One type of civil law involves Contracts-(An agreement between
two parties to exchange something of value).
3. Property laws include rules about buying, selling, and using land.
4. Family law contains rules related to family relationships.
5. Personal injury cases, or Torts are civil cases involving a wrongful
act that has damaged a person or their property.
Negligence- acting in a careless or reckless way.
B. The Legal Process in Civil Cases
1. Every lawsuit has a Plaintif-(The person who brings a
lawsuit) and a Defendant-(The person being sued).
2. Cases usually begin with a Complaint-(A document which
describes the wrong and the harm that was done), and a small
sum of money to pay for loss called Damages is payed.
3. The court will send the defendant Summons-(A letter telling the
person that they are being sued and where and when they should be
in court).
4. Discovery-When both lawyers collect evidence and dispute.
5. If one side seems likely to win during the discovery, the parties may
come to make a settlement, or agreement. If not, the case will go to a
court of a judge or jury.
6. If the defendant wins, the plaintiff gets nothing and may even have
to pay the defendants court costs.
7. if the plaintiff wins, he or she will be rewarded damages et
by
the judge/jury.
Criminal Law
Crime and Punishment
1. Crime- Any act that breaks the and harms people or society.
2. Criminal laws are rules for behavior, they outlaw things such as
stealing, damaging property, or assault.
3. Each state has a Penal code that describes every crime and
punishment that goes with it.
4. There are two broad categories of crime (Misdemeanor- a less
serious crime which has a punishment range from a small fine to one
year in prison) (Felony-a more serious crime that has a minimum
sentence of one year in prison).
5. Crimes against people consist of assault and kidnapping, and
crimes against property include destruction and vandalism.
6. Property damage less than 100$ is a misdemeanor , otherwise it is
a felony.

7. Most penal codes set a minimum and maximum sentences(punishment for crime), and it is up to the judge to decide the length or
aptitude.
8. Prisoners can be released early through parole.
9. Prison sentences have three reasons, punishment, keeping
potentially dangerous people away from society, and warning others
not to commit crimes.
B. Criminal Case Procedure
1. In criminal cases the government is always the plaintiff that brings
charges and evidence A.K.A. Prosecution.
2. After enough evidence has been presented to a judge for a arrest
warrant, the police arrest the suspect and read them their rights
(usually identifying the person and taking fingerprints).
3. The suspect must then go to a preliminary hearing where the judge
will explain the charges and the prosecution will state their probable
cause. Here the suspect will be appointed a lawyer if necessary and
plea guilty or not guilty if it is a misdemeanor.
4. If the crime is a felony, the judge will set a date for a hearing to
learn more about the case instead of the suspect making a plea. The
judge will also decide if the suspect can will be held, released, or set
bail.
5. Next, either a grand jury or a judge will charge the suspect, and if
there is not enough discriminating evidence, the case will be
dismissed.
6. If the case is not dismissed, the next step is arraignment. The
suspect will plea guilty or not guilty, or make a plea bargain, which is
a deal in which the prosecution charges the suspect with a less serious
crime if they plead guilty to the crime.
7. In a felony case, the suspect can decide whether to be tried by a
judge or a jury.
8. The trial begins with an opening statement from each side, the
prosecution presents its case first. The opposing sides can question
each other's witnesses in a cross-examination. If there is a jury, the
judge explains how the law applies to the case.
A defendant found not guilty is set free, while a defendant found guilty
will be sentenced in court at a later date.
The Juvenile Justice System
Juvenile Justice
1. In the 1800s the government decided that minors would not be
tried as adults, but instead Rehabilitated, or corrected.
2. Juveniles have all of the same rights as adults.
3. Most juveniles who commit a felony, or are over 16 are tried as
adults.
4. Juvenile Delinquent- A young person who commits a crime.

5. Delinquent ofender- A youth who has committed acts that would

be crimes if done by adults.
6. Status ofenders- Youths who have committed minor, or
comparatively less important acts that would not be crimes if
committed by an adult.
B. The Juvenile Court System
1. Juvenile courts handle to types of cases , neglect (when a young
person is abused or not taken care of by there parent) and delinquency
(when young people break the law).
2. The legal process starts when the police take a youth into Custody.
They can be sent to a juvenile court if they have a record or the
offense was serious, an adult court if needed, or the case could be
dismissed.
3. In the juvenile court,there are three hearings.
a. Detention Hearing- basically a preliminary hearing in an
adult case.
b. Adjudication Hearing- similar to a trial in an adult case,
with attorneys and a verdict.
c. Disposition Hearing- similar to a sentencing hearing for an
adult, they can receive probation, community service orders, or a
drug program that they are required to complete.