Criminal Law
Law concerned with wrongs an individual commits against society - Innocent until proven guilty, beyond a reasonable doubt: higher std of proof
Civil Law
Rights and liabilities of one individual in relation to another - prove guilty by the greater perponderance (weight) of evidence
Criminal Litigation
lawsuit brought by govt vs indiv to PUNISH wrongdoing and protect society
PURPOSE is to PUNISH wrongdoer
Civil Litigation
one indiv sues another for compensation
PURPOSE to COMPENSATE injured person
Plaintiff
person who sues
Litigant (natural person or artificial-corp)
Defendant
person sued
Lititgant (natural person or artificial-corp)
Damages
monies defendant is ordered to pay the plaintiff
Injunction
form of compensation - ordering defendantto do or not do something
Compensatory Damages
Actual damages
Punitive Damages
over and above compensatory damages
punish defendant due to outrageous and deliberate conduct
Civil Law Concepts
Contracts, Torts, & Property
Contract
legally binding promise
2 people voluntarily take on legal duties toward each other
Tort
breach of the standard of reasonable conduct imposed by law that causes harm to another
NOT voluntary - required by law to take reasonable care to avoid injuring others or damaging their property
Property (as a Civil Concept)
something owned, real or personal, tangible or intangible, and includes the rights of ownership (use, possess, transfer, or enbumber)
Sources of Law
Constitution
Legislature: Statutory Law
Courts: Case Law
Administrative Agencies: Regulations
Due Process
A fair hearing by an impartial judge
5th and 14th Amendments
Statutory Law
Laws adopted by a legislative body
Acts or Statutes (Congress and state legislatures)
Resolutions and ordinances (counties and cities)
Courts
Primarily responsible for enforcing laws
judge can ONLY address a point of law if it is at issue in a lawsuit
Case Law
rules of law developed by judges in court decisions
judges primary task is to resolve disputes
every case presents a new combination of circumstances, but judges decision could affect others in similar circumstances
Stare Decisis
Policy inherited from English common law (to abide by the decision) judge's decision in a specific case cal become a rule of law applied to all cases
tries to ensure that 2 people that do the same thing will be treated in the same way
makes laws consisten
Precedent
previously decided case concerning the same issues presented in a later case and, under certain circumstances, is considered BINDING on other judges
ONLY BOUND IF SAME JURISDICTION
Judge in lower court expected to follow higher court decisions
No decision
Administratove Agencies: Regulations
Administrative agencies are part of the executive branch
regulations have the force of laws
Fed: HUD&IRS St: Oh Re Comm&OH Civ Rgts Comm Local: Zoning&Bldg
Jurisdiction
Extent of a partcular court's authority
territorial jurisdiction
subject matter jurisdiction (ie taxes)
exclusive jurisdiction by one court
concurrent jurisdiction by more than one court
Ohio Court System
Municipal Courts - city
County Courts - areas in county not served by municipal (city) courts
Court of Common Pleas - state's main trial courts, one in every county
Real property foreclosure & RE contract
Must be over $500
Hears appeals to RE Comm rulings
Complaint
Paintiff's lawyer files complaint in ct outlining dispute & asks ct tog rant judgement in plaintiff's favor
Statute of limitations
time limit
Summons
notice sent to defendent complaint has been filed
Service of Process
notification by summons to defendent of complaint
Pleadings
Complaint, the answer, and addl documents filed with ct
Discovery Process
pretrial discovery both sides learn more from other side - share information, disputed facts and witnesses
Deposition
Lawyer questions other party or wirness
Interrogatories
like deposition but conducted by main instead of in person
Settlement
defendent pays plaintiff $ or agrees to do/notdo something so plaintiff drops case