Civil Law

Civil Law Law that governs private property, contracts and

disputes involving individuals and businesses

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Civil Law

Examples of Civil Law:

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Civil Law

Examples of Civil Law:

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Basic Concepts

• Property- anything owned by an individual or a business (includes money, land etc, as well as physical “stuff”). Also included is Intellectual Property (IP) such as songs, ideas, websites…

• Contracts – any legally binding agreement involving persons or business, such as marriage, divorce, service contracts, private agreements, loans, wills, etc…

Property• In this world you are either a person or

property:

• Business are “incorporated” meaning made into flesh… i.e., given the same legal standing as a person.

• This is why persons and business can contract with each other and also file suit against each other.

In Civil Law…

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Property

Ownership

The right to consume, sell, rent, mortgage, transfer, exchange or destroy your property, and/or to exclude others.

Property

• What guarantees your right to own property?

• Discuss…

14th Amendment

• All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

5th Amendment

• No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[1]

4th Amendment

• The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Types of Property

• Real Estate – land and structures

Types of Property

• Personal/Private Property- physical possessions legally owned by businesses/persons

Types of Property

• Public Property- government owned

Types of Property

• Intellectual Property- creative ideas

Limits of ownership

Property rights do not include:

• uses that unreasonably interfere with the property rights of another private party (the right of quiet enjoyment).

• uses that unreasonably interfere with public property rights, including uses that interfere with public health, safety, peace or convenience.

Possession v. Title

• Possession = physical control of your property

Possession v. Title• TITLE – a legal claim to property you may not physically

control

Copyright v. Patents

• Copyrights and patents are used to show title to IP.

• Copyright protects creative ideas such as songs, poems, novels, etc.

• Patents protect inventions or devices to be sold and used commercially.