Chapter 4
Classification of the Law
Substantive and Procedural Law
o Substantive Law
o Defines our legal rights and duties
o e.g. we have a duty to obey speed
limits
o Procedural Law
o Rules that govern how the legal system
operates
o e.g. Statute of Limitations, Right to an
Attorney, Jurisdiction
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Federal Law
o When do federal laws apply?
o Constitutional issue
o Federal Statutes (IRS, Immigration)
o Regulations of a Federal Agency
o What can the federal government
regulate?
o Anything that the Constitution specifically
states
o Lay and collect taxes, establish post offices
o Interstate Commerce (under Art 1 §8)
o Congress has the power to regulate interstate
commerce and anything that has an “effect
upon” interstate commerce
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Federal Law
o Preemption
o Allows the federal government to prevent
the states from passing conflicting laws
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State Law
o States can make any laws that are
appropriate for the health, welfare,
safety, and morals of their citizens
o Criminal laws, contracts, torts, property,
marriage, family issues
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Civil v. Criminal Law
o Civil Law
o Between 2 private parties
o Criminal Law
o Violation against society
o Standard of Proof
o Civil: Preponderance of the Evidence
o More likely true than not
o Criminal: Beyond a Reasonable Doubt
o Proof must be so conclusive and complete
that all doubts regarding the facts are
removed from the jurors’ minds
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Civil v. Criminal Law
Civil
Criminal
Type of Harm
Private injury
Harm to society
Names of Parties
Plaintiff/Defendant
State/Defendant
Prosecutor of the claim
Usually an individual
Government
Standard of Proof
Preponderance of the
evidence
Beyond a reasonable
doubt
Judgment
Liable/not liable
Guilty/not guilty
Sanctions/Remedies
Damages/injunction/spe Imprisonment/fines/
cific performance
death
Source of Law
Common law/statutes
Statutes
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Criminal Law
o Felonies
o Serious crimes that can be punished by a
year or more in state prison
o Misdemeanors
o Less serious crimes served by less than
one year in county jail
o Prosecutors must establish a Prima
Facie Case to support a guilty verdict
o Establishes the elements of the crime
o Defendants then present their defense
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Civil Law
o Plaintiff must establish valid cause(s)
of action
o A cause of action is a claim that based
on the law and the facts is sufficient to
demand judicial action
o Defendant then establishes his/her
defenses or affirmative defenses
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Damages
o Compensatory Damages
o Compensate the plaintiff for the harm
done
o E.g. medical bills, lost time off work, pan
and suffering
o Punitive Damages
o Designed to punish the defendant
o Typically awarded only for intentional
torts
o Nominal Damages
o Awarded when the law has been
violated but the plaintiff cannot prove
monetary harm
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Areas of Civil Law
o Contracts
o Agreement between two or more parties
o Offer, acceptance, consideration
o Property Law
o Real property
o Personal property
o Torts
o A private wrong in which a person is
harmed because of another’s failure to
carry out a legal duty
o Intentional Torts: battery, assault, defamation
o Negligence: failure to act reasonably
o Strict Liability
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Negligence
o Prima Facie Case
o Duty: the defendant owed the plaintiff a
duty of care
o Breach: the defendant breached that
duty
o Causation: the breach caused
o Harm: the plaintiff harm
o Defenses:
o Contributory Negligence
o Assumption of the Risk
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