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Chapter 4

Chapter 4. Classification of the Law. Substantive and Procedural Law. Substantive Law Defines our legal rights and duties e.g. we have a duty to obey speed limits Procedural Law Rules that govern how the legal system operates

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Chapter 4

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  1. Chapter 4 Classification of the Law

  2. Substantive and Procedural Law • Substantive Law • Defines our legal rights and duties • e.g. we have a duty to obey speed limits • Procedural Law • Rules that govern how the legal system operates • e.g. Statute of Limitations, Right to an Attorney, Jurisdiction

  3. Federal Law • When do federal laws apply? • Constitutional issue • Federal Statutes (IRS, Immigration) • Regulations of a Federal Agency • What can the federal government regulate? • Anything that the Constitution specifically states • Lay and collect taxes, establish post offices • Interstate Commerce (under Art 1 §8) • Congress has the power to regulate interstate commerce and anything that has an “effect upon” interstate commerce

  4. Federal Law • Preemption • Allows the federal government to prevent the states from passing conflicting laws

  5. State Law • States can make any laws that are appropriate for the health, welfare, safety, and morals of their citizens • Criminal laws, contracts, torts, property, marriage, family issues

  6. Civil v. Criminal Law • Civil Law • Between 2 private parties • Criminal Law • Violation against society • Standard of Proof • Civil: Preponderance of the Evidence • More likely true than not • Criminal: Beyond a Reasonable Doubt • Proof must be so conclusive and complete that all doubts regarding the facts are removed from the jurors’ minds

  7. Civil v. Criminal Law

  8. Criminal Law • Felonies • Serious crimes that can be punished by a year or more in state prison • Misdemeanors • Less serious crimes served by less than one year in county jail • Prosecutors must establish a Prima Facie Case to support a guilty verdict • Establishes the elements of the crime • Defendants then present their defense

  9. Civil Law • Plaintiff must establish valid cause(s) of action • A cause of action is a claim that based on the law and the facts is sufficient to demand judicial action • Defendant then establishes his/her defenses or affirmative defenses

  10. Damages • Compensatory Damages • Compensate the plaintiff for the harm done • E.g. medical bills, lost time off work, pan and suffering • Punitive Damages • Designed to punish the defendant • Typically awarded only for intentional torts • Nominal Damages • Awarded when the law has been violated but the plaintiff cannot prove monetary harm

  11. Areas of Civil Law • Contracts • Agreement between two or more parties • Offer, acceptance, consideration • Property Law • Real property • Personal property • Torts • A private wrong in which a person is harmed because of another’s failure to carry out a legal duty • Intentional Torts: battery, assault, defamation • Negligence: failure to act reasonably • Strict Liability

  12. Negligence • Prima Facie Case • Duty: the defendant owed the plaintiff a duty of care • Breach: the defendant breached that duty • Causation: the breach caused • Harm: the plaintiff harm • Defenses: • Contributory Negligence • Assumption of the Risk

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