Civil Law

U.S. GovernmentChapter 15 Section 2

Why would someone bring a lawsuit against another person, a business, or an organization? List 2-3 reasons1.2.3.

Warm Up

Key Terms: Choose 3

Civil law Contract Expressed contract Implied contract Real property Personal property Mortgage Tort Plaintiff

Defendant Injunction Complaint Summons Answer Discovery Mediation affidavit

Civil Law concerns disputes among two or more individuals or between individuals and the government.

About 90% of state court cases deal with civil laws

Four most important types of civil law deal with contracts, property, family relations, and civil wrongs (torts)

Civil Law

Contracts A contract is a set of voluntary promises, enforceable by the

law between parties who agree to do or not do something. Ex: credit cards, marriage… Expressed Contract: terms specifically stated (in writing) Implied Contract: terms not expressly stated but inferred Parties must be mentally competent Contract cannot involve anything illegal Contract’s elements must include an offer, acceptance, and a

consideration.

Property Law Property law deals with the use

and ownership of property Real Property is land and

whatever is attached to or growing on it (houses and trees etc.)

Personal Property includes movable things like clothes, jewelry, stocks, bonds, copyrights, or patents.

Legal disputes arise over using, owning, buying, and selling property.

State and federal government have passed many laws dealing with real property (ex: Fair Housing Act)

Family Law Family Law deals with relationships among family

members including marriage, divorce, and custody issues. Today marriage is a civil contract entered into by both

parties Divorce legally ends a marriage There are many legal disputes over domestic relationships

in the U.S. Family law is changing as the meaning of family changes in

American society.

Torts or Civil Wrongs A tort is any wrongful act (other than breach of

contract) in which the injured party can sue in a civil court

People can be sued for damaging property, injuring someone due to negligence etc.

Tort law became significant after the industrial revolution

Two major categories of torts…

Torts or Civil Wrongs Intentional Tort:

Involves a deliberate act that results in harm to a person or property.

Ex: assault, battery, defamation of character, practical joke resulting in an injury.

Negligence: Involves careless or

reckless behavior. A person is

negligent when he/she fails to do something that a reasonable person would do.

Ex: leaving a sharp knife where a child can reach it.

Groups Get into groups of 4 With your group, think about 2-3 cases in which you

would file a civil lawsuit for your assigned type of civil law: Contract Property Law Family Law Torts/Civil Wrongs

Steps in a Civil Case Civil Cases are called lawsuits Plaintiff is the person who brings charges in a

lawsuit (complaint) The person who is sued is the defendant. The plaintiff usually seeks damages, a monetary

award, and court costs from the defendant. In some lawsuits involving equity, the plaintiff

may ask that the court issue an injunction (a court order forbidding a defendant to continue a certain action) Ex: citizens against a planned factory because it

may cause pollution… Lawsuits follow certain steps…

Hiring a Lawyer

-Plaintiff pays costs of the

suit

Filing the Complaint

-legal document filed

to court w/ jurisdiction-defendant

gets a summons and

must file answer

Pretrial Discovery-preparing for

trial by gathering and

examining evidence

Resolution w/o Trial

-90% of all civil lawsuits

settled before trial

-Mediation-Arbitrator decision

Trial & Award

-If no resolution case

goes to trial (judge and/or

jury) -judge can adjust jury decision -common

law/equity-loser may

appeal

Steps in a Civil Case

Small Claims Court Small claims court is an alternative to the trial

process. These courts hear civil cases that deal with:

Small debts Property damage Landlord-tenant disputes Small business problems Cases involve claims of $1000-$5000

Cases are heard by a judge No lawyers are required, simple forms are filled Plaintiffs bring evidence and can include affidavits

(written statements from witnesses to prove statements of fact, signed under oath)

Judge makes decision If defendant does not show, plaintiff usually wins.

HW Questions

pg. 435 Answer questions #1 #5 #6