Civil Law Process-Requirements - MRCAIN.ORG

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Match the police powers
Police Department
Schools
Sheriff
State Highways
Highway Patrol
Local Police
SBI
County or Jurisdiction
SRO
Assists local law agencies with
criminal investigations
What do these agencies do?
Homeland Security
Environmental protection
DEA
Apprehend federal fugitives
Marshal Service
Prevent terrorist attacks
FBI
Enforce controlled substances laws
EPA
Law Enforcement Agency
The three branches of government are the
senate, executive, and judicial branches
English common law is a result of custombased laws being unified by courts in
England
What is statutory law?
Case law is based on appealed cases and
new rules in deciding the appealed case as
well as similar future cases
Which is not a ethical rule
The Golden Rule
Greatest Good
Voting Based
Consequential Reasoning
Rule Based
What is the supreme law of the land?
What are the three levels of Federal
Courts?
What is not a level of the State
court system?
Superior Court
Supreme Court
Court of Appeals
Maritime Court
District Court
Trial Procedures
Criminal Cases
Arrest
a person who has allegedly committed a felony offense or a serious
misdemeanor offense that does not meet the requirements for a person to
be released on a signature summons.
Initial Bail
the arrested person is taken before a magistrate and based on the
charge, circumstances and the offenders prior criminal record, the
magistrate sets an initial bail-bond amount in order for the person charged
to be released.
Arraignment/Initial Hearing
the charged person is brought before a judge to determine probable
cause to have the case heard by a grand jury for possible indictment (if a
felony charge). This arraignment is also used to change or set any bail
requirements.
Trial Procedures (Continued)
Criminal Cases (continued)
Grand Jury
panel of eighteen citizens
randomly drawn from the same pool as those
selected for
jury duty for a trial
determine if probable cause exists for the case to go
to trial
Civil Cases
Complainant (Plaintiff)
person or entity bringing or filing the lawsuit.
Defendant
person or entity against which the lawsuit is brought
Complaint
initial pleading by which a lawsuit is begun
Answer
response to a civil complaint
Summons
issued by the Clerk of Court
official notice of the lawsuit
Pleadings
papers requesting something or responding to a request that are filed in
the case, including the complaint and answer
Trial Procedures
Steps to a Trial
(Criminal and Civil)
Jury Selection
attorneys for both prosecution (plaintiff if civil) are allowed to strike a
specific number of jurors without justification referred to as
Voir dire
Opening Statement
beginning of the trial
limited to outlining facts
set the basic scene for the jurors
introduce them to the core dispute(s) in the case
provide a general road map of how the trial is expected to unfold
Steps to a Trial
(Criminal and Civil)
Testimony
declaration by a witness under oath, as that given before a court or
deliberative body
Evidence Presentation
Item such as a coroner's report, a weapon in a criminal case or
photographs in a
civil case that can help corroborate or
refute the testimony of other
witnesses
Closing Arguments
opportunity to remind jurors about key evidence presented and to persuade
them to
adopt an interpretation favorable to each sides
position
Jury Instructions
given by the trial judge
specifically state what the defendant can be found guilty of and what
the prosecution or plaintiff has to prove in order for a
guilty verdict.
Steps to a Trial
(Criminal and Civil)
Jury Deliberation
jury is charged to find the defendant guilty or not guilty
in criminal case by all 12 members
in civil case by the majority of the jurors in a civil trial
Verdict/Sentence
in a criminal trial the jury must make a decision beyond a
reasonable
doubt
in a civil trial the jury must make a decision by a
preponderance of the evidence.
in a civil case the verdict is sometimes called a judgment.
1.03A-Understand Criminal Laws
Elements of Crime
• Criminal Act-an act that is punishable offense against society
– Elements of Criminal Acts
1) Whether you were aware of your duty to do or not to
do a specific thing
2) Whether you performed an act or omission on violation
of that duty
3) Whether or not you had criminal intent
• Required state of mind- means the defendant intended to commit
the act and intended to do evil
Basic Crime Classifications
Felony-A felony is a crime punishable by confinement for more than a
year in a state prison or by a fine more than a $1000, or both.
Misdemeanor-a less serious crime that is usually punishable in a
local jail for less than one year, or by a fine or both.
Infraction-An infraction is a noncriminal violation of law not
punishable by imprisonment
Crimes
Murder-the intentional killing of another person
1st Degree Murder-willful, deliberate, and
premeditated
killing of another person either directly or
through another
felonious act
omission,
without regard
2nd Degree Murder-An inherently dangerous act or
done in such a reckless and wanton manner
for human life.
Manslaughter-the killing of another person with
malice or
intent
Robbery-the wrongful taking of property from another person
by
threat or the actual use of force, violence or a weapon
Specific Crimes (continued)
Rape/Sex Offenses:
Statutory Rape-if the defendant engages in a sexual
act with
another person who is 13, 14, or 15 years old and the
defendant is at least six years older than the
person
or
Date Rape-a victim who is unconscious; or a victim
who is physically unable to resist an act a sexual act
communicate unwillingness to submit to an act of
vaginal intercourse or a sexual act
Crimes (continued)
Assault
Simple Assault-is an attempt to commit a battery against
another person
Battery-is the unlawful touching or forceful striking of
another person using a hand, a weapon or other
instrument.
Aggravated Assault-a person that inflicts serious
injury upon another person or uses a deadly weapon
Note: N.C. Assault Statutes do not distinguish between assault and battery as both are included as part of the
assault criminal statute.
Crimes (continued)
Kidnapping-the unlawful removal or restraint of a person
against his or her will.
Domestic Violence:
N. C. Domestic Violence Laws
1. Domestic Victim Defined:
1. Are current or former spouses
2. Are persons of opposite sex who live together or
have lived together
3. Are related as parents and children,
4. Are current or former household members
5. Are persons of the opposite sex who are in a
dating
relationship or have been in a dating relationship
Crimes (continued)
(Domestic Violence continued)
Criminal Law Process-Requirements:
Domestic violence means the commission of one or more of
the following acts:
1. Attempting to cause bodily injury, or
intentionally causing bodily injury
2. Placing the aggrieved party or a member of
the aggrieved party's family or household in fear
of imminent serious bodily injury or continued
harassment
Specific Crimes (continued)
(Domestic Violence continued)
Civil Law Process-Requirements:
The court from specific facts shown, may enter an
order as it deems necessary to protect the plaintiffs if there is a
danger of acts of domestic violence against them from a defendant.
Crimes (continued)
Burglary-Any person who breaks or enters any building with intent to
commit any felony or larceny therein
Larceny-Larceny of property where the value of the property or goods
is not
more than one thousand dollars ($1,000)
or
Vandalism-the willful or malicious damage to property either private
public.
Arson-To willfully set fire to or burn or cause to be burned or aid,
counsel or procure the burning of any building or other structure of
any type
Embezzlement- Take, make away with or secrete, with intent to
embezzle or fraudulently or knowingly and willfully misapply or
convert to his own use, any money or items with monetary value.
Specific Crimes (continued)
Fraud-when a person or a business uses deception to obtain money
or property.
Money Laundering-When illegally obtained money is put into or
through a business to hide it’s origin
Forgery-placing a false signature on a check or other document in
order to deceive or deprive someone of their property
Treason-giving aid and comfort to enemies of the United States
Perjury-occurs when a person under oath lies during a court or
administrative process
Obstruction of Justice-occurs when a persons does something that
hinders the court to move forward in a case
Bribery-is giving money or property to a public official in exchange
for a favor
Contempt of Court-occurs when a person ignores a court order or
shows a lack of respect for the court
1.03B-Understand Civil Laws
Civil Laws
for
Tort-is a private wrong committed by one person against another
Elements of a Tort
1. Duty-the obligation to use a reasonable standard of care
to prevent injury to others
2. Breach-when you breach or break, your duty to another
person
3. Causation-means that breach of duty caused the injury
1. Proximate Cause-when it is reasonably
foreseeable that a breach of duty will result in an
injury.
2. Vicarious Liability-when one person is liable
the torts of another
4. Actual Harm-The victim suffers an injury, has
property destroyed or loses a lot of money.
Civil Laws
Most Common Torts
Assault-occurs when one person intentionally puts another in
reasonable
fear of an offensive or harmful bodily contact
Battery-the harmful or offensive touching of another
False Imprisonment-the intentional confinement of a person against the
person’s will and without the lawful ability to do so
Defamation-a false statement that injures a persons’ reputation or
good
name
Invasion of Privacy-uninvited intrusion into a persons’ personal
relationships and activities
Trespass to Land-entry onto the property of another without consent
Conversion-when property is stolen, destroyed or used in a manner that is
inconsistent with an owner’s rights
Civil Law
Common Torts
(continued)
in
Interference with Contracts-if a third party encourages a breach
any way, then that third party may be liable in tort
give up
Fraud-occurs when there is an intentional misrepresentation of an
existing important fact (that is a lie) which causes the victim to
a right or something of value
Civil Law
Negligence-is a tort that results when one person carelessly injures
another. It is an accidental tort and requires no intent.
Elements of Negligence
1) The defendant owed the plaintiff a duty of care
2) The defendant breached that duty by being careless
3) The defendant’s carelessness was the proximate cause
of harm
4) The plaintiff was really hurt by the defendant’s
carelessness.
Civil Law
Defenses to Negligence
Contributory Negligence-a defense whenever the
defendant can
show that the victim did something that helped
cause his or her own injuries
Comparative Negligence-a defense that is raised when the
carelessness of each party compared to the other party’s
carelessness
Assumption of Risk-a defense raised when the plaintiff
knew of the risk involved and still took the chance (assumed risk) of
being
injured
Civil Law
Civil Remedies
party
of
Court Injunctions- is a court order that prevents a
from performing a specific act and may be temporary
permanent
person who
Damages-is a payment recovered in court by a
has suffered an injury
Civil Law
resolve
mediator,
Alternative Dispute Resolution-occurs when parties try and
a disagreement outside of the usual court system
Mediation-occurs when parties to a dispute invite a
to help solve the problem
*Advantage-final decision remains in the hands of the
parties
third
Arbitration-giving the power to settle their dispute to a
party.
*Advantage-often results in a fair solution because the
decision is in the hands of an objective third party
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