Criminal Law: is the body of law that relates to crime. It is the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people. Criminal law also sets out the punishment to be imposed on people who do not obey these laws. Criminal law differs from civil law, whose emphasis is more on dispute resolution than in punishment. Violation will result in jail.
Civil Law: is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim. Two remedies: legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g.injunctive relief or specific performance)
Proof of Civil Case: Greater than 50%. It is possible to be guilty in civil trial and not guilty in criminal trial. Procedure Law: comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings.
Substantive Law: is the statutory or written law that defines rights and duties, such as crimes and punishments (in the criminal law), civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process. Example: Miranda Right, Health Care Act
Common Law: is law developed by judges through decisions of courts and similar tribunals
Kelo vs City of New London Case: a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another private owner to further economic development.
Curacao Case: Rule of foreign jurisdiction is enforceful in U.S
Statute of Limitation: is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated. Different states have different statute of limitations.
Statutory interpretation: is the process by which courts interpret and apply legislation.
Pleading Stages: A. Civil Complaint: Cts of Law v. Equity
1. Jurisdiction: in personan v. in rem
a. Service of Process: valid v. invalid
b. Business: Long-arm statutes
2. Cause of Action
B. Answer to Complaint
1. Denials & Admissions: General v. Specific
2. Affirmative Defense
C. Counterclaims, Crossclaims, Third-Party Complaints
D. Motions: To Dismiss, Jon Pleadings, Change ofVenue
E. Discovery: Depositions, Interrogatories, and Requests for Production of Documents, Items, Admissions, Mental and Physical Exams
Evidence: Black Ixtter Law -* 4 4 Example: Case Law
(Civil Law Country Emphasis) (Common Law Country Emphasis)
Best Evidence Rule
Original-Documents Rule Ex: Declaration of Independence
Direct Evidence Ex: Actual, Physical Document or
Circumstantial Evidence Ex: Probabilities, Statistics
First-Hand Witnesses Ex: Use 5 Senses, but often do not
See, Hear, Smell, Taste, or Touch
with Accuracy (raising questions of
credibility or impeachment)
Citation: Current Authoritative Relevant
Res Judicata: In the case of res judicata, the matter cannot be raised again, either in the same court or in a different court. A court will use res judicata to deny reconsideration of a matter. In other words you can not sue the same thing for multiple times.
Case of OJ Simpson: Nicole Brown and her friend Ronald Goldman were murdered on June 12, 1994. Simpson was charged with their deaths and subsequently acquitted of all criminal charges in a controversial criminal trial. In the unanimous jury findings of a civil court case in February 1997, Simpson was found liable for the wrongful death of Ronald Goldman and battery of Nicole Brown.
Common heritage of mankind is a principle of international law which holds that defined territorial areas and elements of humanity's common heritage (cultural and natural) should be held in trust for future generations and be protected from exploitation by individual nation...
Please join StudyMode to read the full document