Law, Justice, and Society:
A Sociolegal Introduction
Chapter 7
Civil and Administrative Law
Civil and Administrative Law
 Civil
law is private law in that it governs
transactions between non-government
entities such as corporations and
private individuals
Civil and Administrative Law
 Designed
to provide remedies for
individuals harmed by others
 To manage social conflict
 Restore social harmony (Myren 1988)
 Provides a means by which disputes
between private parties can be resolved
without the use of force
 Has its own substantive and procedural
law, as well as precedent
Civil and Administrative Law
 Complaint
is filed by plaintiff
 Redress given in form of
 monetary
damages (punitive damages)
 injunctions
 specific performance (particular actions the
defendant must perform)
 Defendant
may appeal verdict or
judgment to higher court
Civil and Administrative Law
 Burden
of proof in civil trial:
 proof
by a preponderance of the evidence
 evidence indicates that it is more likely
than not that the defendant committed the
wrongful act
 Also,
clear and convincing evidence:
 punitive
damages
 involuntary commitment
Civil and Administrative Law
 Many
rights provided in a criminal trial
are not present in a civil trial:
 no
exclusionary rule
 no right to remain silent
 diminished right to cross-examine hostile
witnesses
 no legal obligation for the state to provide
an attorney for indigent defendants
Civil and Administrative Law
Differences between
Who is the legal victim?
criminal
and
The state
civil law
The individual
Who Initiates Action?
State or federal prosecutor
Issue before the courts.
Did the defendant violate a criminal code?
Did the defendant cause harm to the plaintiff(s)?
Standard of proof
Beyond a reasonable doubt
Generally, preponderance of evidence. Sometimes
extended to clear and convincing evidence
Who has Burden of proof
What is the remedy sought?
The prosecution
Punishment—probation, jail, prison, death.
Rights of the defendant
All rights enumerated under the Fourth, Fifth,
Sixth, Eighth, and Fourteenth
Amendments
Who has the right to appeal an
adverse decision?
The defendant
Private party or parties known as plaintiffs
Initially the plaintiff, but both parties must “prove”
their cases.
Money or other compensation, punitive damages,
resolution of conflict
Amendments do not apply to private matters; they are
rights owed only by the state to individuals
Both the plaintiff and the defendant
Civil and Administrative Law
 Divided
1.
2.
3.
4.
into four main categories:
Property
Contracts
Torts
Family law
Civil and Administrative Law
Property Law
Product of English common law
 Protection of ownership rights
 Property: the right of possession or ownership
 Includes:
 personal
 real
 intellectual
 Pierson v. Post 1804
 City of Oakland v. Oakland Raiders 1980
Civil and Administrative Law
Interests in Real Property

Interests are rights
 Freehold estate: a person owns a piece of
property




fee simple estate: possession ends at death
fee simple absolute state: possession does not
revert to original owner at death
tenancy in common
Non-freehold estate: the right to use property
Civil and Administrative Law
Interests in Real Property (cont.)

Easement: limited right to use the property of
another for a specific purpose
 Adverse possession


generally only affects property abandoned by
original owner
Nuisance doctrine: property owner may not
use their property in such a way that it has an
unreasonable, adverse affect on other
property owners

must keep property reasonably safe
Civil and Administrative Law
Interests in Personal Property

Bailment: when a person transfers
possession of one item to another for a
particular purpose with the understanding that
it will be returned
 A transfer of possession, not ownership
Civil and Administrative Law
Contracts

Legally enforceable promises
 Elements of a valid contract:
1. At least two parties
2. Must be capable (have legal capacity) of
signing a contract
3. Must agree to terms of the contract (assent)
in good faith
4. Must have both a promise and consideration
5. Can be either written or verbal
Civil and Administrative Law
Contracts (cont.)

Breach of contract: when terms of contract
are not met
 Uniform Commercial Code
 Sullivan v. O’Conner 1973
 National Labor Relations Board vs. Bildisco &
Bildisco 1984
Civil and Administrative Law
Torts

The body of law associated with harm caused
to the plaintiff by the action/inaction of
defendant(s)
 Exists to determine what harm has been
done, and how best to remedy such harm so
that the plaintiff is in a position similar to the
one prior to the harm
 Damages are awarded to the harmed; usually
monetary
Civil and Administrative Law
Categories of Torts

Intentional acts


Negligent acts




defendant deliberately caused harm
the defendant had a duty to act in a certain way;
the defendant breached that duty; harm resulted
ordinary care standard
Lubitz v. Wells 1955
Strict liability
Civil and Administrative Law
Defenses to Torts

Challenge causal and duty issues
 Affirmative defenses:



contributory negligence: if an injured party is
partially responsible for their injuries, they are
barred from recovering from a tortfeasor
comparative negligence: apportions responsibility
consent and immunity (sovereign immunity)
Civil and Administrative Law
Tort Reform
 An effort to limit what is seen as
frivolous lawsuits
 Has become a highly politicized issue
 Reduce the “sue the bastards” attitude
Civil and Administrative Law
Family Law





Focused on dissolution of marriages
Marriage is a legal contract
Requirements for marriage:
 license
 legal capacity (age, sound mind)
 presence of someone legally permitted to acknowledge
marriage
 witnessed marriage vows
Common law marriage
DOMA (1996)—same sex couples cannot marry
Civil and Administrative Law
Divorce

Requires grounds
 No-fault
 Major fault
 Annulment: legal declaration that not all
requirements were met, ergo, marriage never
existed
Civil and Administrative Law
 Division
of property
 Dual
property state
 All-property state
 Child
custody: based on custodial status
of parents
Civil and Administrative Law
Supreme Court and the Right to Marry

Reynolds v. United States 1878
 Skinner v. Oklahoma 1942
 Loving v. Virginia 1967
 Zablocki v. Redhail 1978
 Turner v. Sufley 1987
Civil and Administrative Law
Forces Affecting Marriage and the Family

The role of women
 Increasing mobility
 Employment and education opportunities
 Technological changes in fertility science
Civil and Administrative Law
Administrative and Regulatory Law

Branch of public law involving governmental
administrative agencies
 Include the making, enforcement, and
adjudication of regulatory agendas
 Investigates complaints, conducts onsite
inspections, and requires annual reports
 Hearings



represented by juries
no juries
appealed to civil courts
Civil and Administrative Law
 Administative
Procedure Act (APA) of
1946 established the basic procedural
standards for federal agencies
 Administrative agencies have an almost
exhaustive spectrum of functions
(OSHA, FDA, SEC, etc.)
Civil and Administrative Law
Administrative and Regulatory Law (cont.)

Appeals:

Chevron Deference
Civil and Administrative Law
Administrative Law and Corporate Crime

Not reported by UCR
 People who define crime and its seriousness
same people who have vested interests in
businesses
 Administrative agencies often run by
business people who go in and out of
government and business
 Agencies are not under USDOJ, although
criminal charges can be pressed
Civil and Administrative Law
Changes to Administrative Laws

Sarbanes-Oxley Act
 White Collar Crime Penalty Enhancement Act
 Recent court cases:



WorldCom
Adelphia Communications Corp
Enron