Main Types of Law

Civil Law

Criminal Law

Procedural Law

Substantive Law

Business Law

Today’s Objective

• Describe the differences between criminal and civil, substantive and procedural law.

Civil Law vs. Criminal Law

Compare and contrast criminal and civil law

Civil Law

• Involves a dispute between two people, or parties on a certain issue

Civil Law

• When private legal rights of an individual are violated, the matter is governed by civil law.

• Group of laws that allows individuals to seek legal remedies for wrongs done to them.

Civil Law• Laws that address wrongs against individuals

• Civil applies whenever one person has a right to sue another person

• If defendant loses - must pay money to plaintiff

• Police do not take action in civil conflicts

Civil Law - Example

• Tenant fails to pay rent, landlord has a right to sue

• Can YOU think of other reasons why someone would sue?

Tort

• French word - “wrong”

• A civil wrong or wrongful act - whether it is intentional or accidental from which injury occurs to another.

Criminal Law

• Crime - an offense against society - it disrupts the stable environment that we all depend upon to make civilization work.

• When the citizens’ right to live in peace is violated by such an activity - governed by criminal law.

Criminal Law

• Violates rules as listed in the statutes

Criminal Law

• Acting in the name of the people - the government investigates an alleged wrongdoing - prosecute

• Conviction– Fine– Imprisonment (both)– execution

Examples of Crimes

• Bank Fraud

• Embezzlement

• Robbery

• Rape

• Murder

• DUI

• When crime occurs, private injuries may be inflicted as well.

• May be both a crime and a civil offense.

• What’s Your Verdict page 13

REVIEW

• An offense against society _________.crime

• Private wrongs are referred to as _________.

Torts

• Group of laws that allows an individual to seek legal remedies for wrongs done to them ___________.

Civil law

Civil Law vs. Criminal Law

• Both consider violations of peoples rights and who is at fault.

• Differ in structure, burdens of proof and penalties.

Finished!

Procedural Law vs.

Substantive Law

Substantive Law

• Defines rights and duties– How the facts in the case will be handled– How the crime is to be charged (Substance of the

matter)– Rules by which a court hears and determines what

happens in civil and criminal proceedings.– Civil rights and responsibilities in civil law

• Defenses

Procedural Law• Defines the rules that are used to enforce substantive law.

• Deals with the methods of enforcing legal rights and duties - process used to deal with people suspected or convicted of violating a substantive law.

• Specify how and when police can make arrests and what methods can be used in a trial

• Right against unreasonable searches, the right to remain silent, right to a speedy trial, no cruel or unusual punishment, etc.

Procedural Law

• Determines how a proceeding concerning the enforcement of substantive law will occur

• Provides the machinery for enforcing rights and duties

• Example: Time allowed to sue and rules of law governing the process of the lawsuit

• Ensures a fair and consistent application of due process