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Law, Justice, and Society:A Sociolegal Introduction
Chapter 7
Civil and Administrative Law
Civil and Administrative Law designed to provide remedies for individuals
harmed by others designed to manage social conflict designed to restore social harmony (Myren,
1988) provides a means by which disputes between
private parties can be resolved without the use of force
has its own substantive and procedural law as well as precedent
Civil and Administrative Lawcomplaint is filed by plaintiff redress given in form of
monetary damages injunctions specific performance
defendant may appeal verdict or judgment to higher court
Civil and Administrative Law burden of proof in civil trial: proof by a preponderance of the evidence evidence indicates that it is more likely than
not that the defendant committed the wrongful act
also: clear and convincing evidence punitive damages involuntary commitment
Civil and Administrative Law many rights provided in a criminal trial are not
present in a civil trial: no exclusionary rule no right to remain silent diminished right to cross-examine hostile
witnesses no legal obligation for the state to provide an
attorney for indigent defendants
Civil and Administrative Lawdivided into four main categories:
1.Property
2.Contracts
3.Torts
4.Family law juvenile law is also a category of civil
law, covered in chapter 8
Civil and Administrative Law
product of English common law protection of ownership rights property: the right of possession or ownership includes:
personal real intellectual
Pierson v. Post, 1804 City of Oakland v. Oakland Raiders, 1980
Property Law
Civil and Administrative Law
interests are rights freehold estate: a person owns a piece of
property fee simple estate: possession ends at death fee simple absolute state: possession does not
revert to original owner at death tenancy in common
non-freehold estate: the right to use property
Interests in Real Property
Civil and Administrative Law
easement: limited right to use the property of another for a specific purpose
adverse possession generally affects only property abandoned by original owner
nuisance doctrine: property owner may not use property in such a way that it has an unreasonable, adverse effect on other property owners must keep property reasonably safe
Interests in Real Property (cont.)
Civil and Administrative Law
bailment: when a person transfers possession of one item to another person for a particular purpose with the understanding that it will be returned
a transfer of possession, not ownership
Interests in Personal Property
Civil and Administrative Law
legally enforceable promises elements of a valid contract:1. At least two parties2. Must be capable (have legal capacity) of signing a
contract3. Must agree to terms of the contract (assent) in good
faith4. Must have both a promise and consideration5. Can be either written or verbal
Contracts
Civil and Administrative Law
breach of contract: when terms of contract are not met
Uniform Commercial Code Sullivan v. O’Conner, 1973 National Labor Relations Board v. Bildisco &
Bildisco, 1984
Contracts (cont.)
Civil and Administrative Law
the body of law associated with harm caused to the plaintiff by the action/inaction of defendant(s) (the tortfeasor)
exist to determine what harm has been done and how best to remedy such harm so that the plaintiff is in a position similar to the one prior to the harm
damages are awarded to the harmed; usually monetary
Torts
Civil and Administrative Law
intentional acts defendant deliberately caused harm
negligent acts the defendant had a duty to act in a certain way;
the defendant breached that duty; harm resulted ordinary care standard Lubitz v. Wells, 1955
strict liability
Categories of Torts
Civil and Administrative Law
challenge causal and duty issues affirmative defenses: contributory negligence: if an injured party is
partially responsible for her injuries, she is barred from recovering from a tortfeasor
comparative negligence: apportions responsibility
consent and immunity (sovereign immunity)
Defenses to Torts
Civil and Administrative Law
focuses on dissolution of marriages marriage is a legal contract requirements for marriage:
license legal capacity (age, sound mind) presence of someone legally permitted to
acknowledge marriage witnessed marriage vows
common law marriage
Family Law
Civil and Administrative Law
requires grounds no-fault major fault annulment: legal declaration that not all
requirements were met, ergo, marriage never existed
child custody: based on custodial status of parents
Divorce
Civil and Administrative Law
Reynolds v. United States, 1878 Skinner v. Oklahoma, 1942 Loving v. Virginia, 1967 Zablocki v. Redhail, 1978 Turner v. Sufley, 1987
Supreme Court and the Right to Marry
Civil and Administrative Law
the role of women increasing mobility employment and education opportunities technological changes in fertility science
Forces Affecting Marriage and the Family
Civil and Administrative Law
branch of public law involving governmental administrative agencies
includes the making, enforcement, and adjudication of regulatory agendas
investigates complaints, conducts on-site inspections, and requires annual reports
hearings represented by juries no juries appealed to civil courts
Administrative and Regulatory Law
Civil and Administrative Law
appeals: Chevron deference
Administrative and Regulatory Law (cont.)
Civil and Administrative Law
not reported by UCR people who define crime and its seriousness
are same people who have vested interests in businesses
administrative agencies often run by businesspeople who go in and out of government and business
agencies are not under USDOJ, although criminal charges can be pressed
Administrative Law and Corporate Crime
Civil and Administrative Law
Sarbanes-Oxley Act White Collar Crime Penalty Enhancement Act recent court cases:
WorldCom Adelphia Communications Corp. Enron
Changes to Administrative Laws