CJ - Types of Law Lesson
Types of Law Lesson
There are two different types of law, criminal law and civil law. Civil law refers to cases involving disputes between people over property or custody. Criminal law refers to cases involving disputes, including those of social conduct and crimes, that are considered life threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of the people. It also includes the punishment and rehabilitation of people who violate these laws.
Civil Law
Contract Law
A legal agreement between two or more people. A contract makes clear what individuals must do to fulfill the obligations of a contract. The elements of a contract are offer and acceptance. If one party is in breach of a contract, meaning they do not fulfill the elements, they may be subject to damages in the form of compensation.
Tort Law
A civil wrong that causes one person to suffer damages or harm but is not subject to criminal charges. For example, auto accidents, false imprisonment, defamation, product liability, and copyright infringement are examples of torts.
Property Law
A type of law that governs the various forms of ownership and occupancy of property.
Family Law
An area of law that deals with family matters, including adoption, divorce, custody battles, paternity disputes, and marriage.
Civil Law Suits
Civil law cases are also called lawsuits. The plaintiff of a case, or the person who is suing, brings charges against the defendant. The plaintiff often seeks damages through financial compensation. A defendant may be found guilty of wrong doing by a majority of evidence. However, the plaintiff does not have to prove the defendant's guilt beyond a reasonable doubt. Most civil cases do not go to trial. Instead, the parties of a civil suit may be ordered to resolve the dispute through a less formal and costly process. The following are less costly alternative dispute resolutions brought forth in civil suits:
Arbitration
A trained third party reviews the evidence in the case and imposes a decision that is legally binding on both sides and is enforceable in court. This type of alternative dispute resolution is often used in commercial disputes, employment, consumer matters (terms of employment), and in international business transactions.
Mediation
A trained third party is present to help negotiate disagreements between parties and to minimize the harm that can come from disagreement. Mediation may be used to resolve disputes involving angry neighbors, workplace problems, family matters, and legal issues.
Negotiation
A dialogue between two or more parties intended to reach an agreement. There is no third party involved in the negotiation process. Negotiations occur in business, legal proceedings, marriage, divorce, parenting, etc.
Civil lawsuits, not resolved in low cost alternative dispute resolutions, go to civil trial. Civil cases are heard in both state and federal courts throughout the United States.
The following basic steps are followed in civil cases that go to court:
- The plaintiff seeks a lawyer to help resolve the dispute.
- The lawyer then files a complaint with the court.
- Both sides try to settle the dispute before going to trial.
- In the process of discovery, both the plaintiff and defendant exchange facts, information, witness testimonies, and evidence.
- A ruling is then issued by a judge or jury.
- If either side is unsatisfied with the ruling, the decision may be appealed.
What is Discovery?
Discovery is a pre-trial procedure in a lawsuit in which each party, through the laws of civil procedure, obtain evidence from the other party or parties. Discovery can occur through interrogations, requests for documents, and requests for admissions and depositions.
Criminal Law
Criminal law, or penal law, regulates social conduct. It is the body of rules that defines conduct that is not allowed because it threatens, harms, or endangers the safety, lives, and welfare of the citizens. Criminal law also sets aside punishment for citizens who do not obey the laws of society. Criminal law is different than civil law because it deals with crimes against the state and public. A crime occurs when a citizen breaks a law that has been imposed by the state or federal government. There are two types of crimes, misdemeanors and felonies. A misdemeanor is a lesser crime that is usually punishable by monetary fines, probation, or community service. Examples of misdemeanors include: Petty theft, prostitution, public intoxication, disorderly conduct, trespassing, vandalism, and reckless driving. A felony is a serious crime punishable by imprisonment for more than one year or death. Examples of felonies include: Murder, assault and battery, animal cruelty, arson, vehicular homicide, tax evasion, kidnapping, treason, child pornography, perjury, etc.
According to the 5th Amendment of the U.S. Constitution, a person must face a grand jury before facing trial for a federal crime.
| Statuary Law | Common Law | Equity Law | Constitutional Law | Admiralty and Maritime Law | Administrative Law |
|---|---|---|---|---|---|
| Laws that are written and set down by a law-making or legislative body | Laws that are developed by judges and courts... Common law originated in England when royal judges settled disputes according to local custom. | Law used whenever common law remedies are inadequate | A body of law which defines the relationship of entities within a state... For example, statements interpreting the U.S. Constitution that have been given to the Supreme Court approval | A distinct type of law that applies to cases involving the ocean, waterways, and seas... It deals with matters including marine commerce, navigation, salvaging, shipping, and sailing. | A body of law relating to the authority and procedures of administrative agencies of government... Administrative law deals with police law, international trade, manufacturing, taxation, immigration, and transport. |
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