Ohio Real Estate Law

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