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
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