Chapter 4 – Classification of the Law

Classification of  the Law

• Logically, everything ought to come first.  –  Jean-Jacques Rousseau

Federal vs. State Law

• Each of the 50 states and federal government has its own legal system
• U.S. operates under Federalism system of government

When Federal Law Applies

• U.S Constitutional issue
• Federal Statute
• Regulations of federal agency

State Law

• Laws must relate to health, welfare, safety and morals of state’s citizenry
• Laws cannot violate U.S. Constitution
• Each state free to create own laws

Doctrine of Preemption

• Doctrine prevents states from passing laws that conflict with federal laws
• Doctrine may prohibit states from passing any laws on a particular subject
• States can pass addition regulations that do not conflict with federal laws

Point of Law

• Whether Congress, a state or both may legislate a certain law depends on what the law covers

 Civil and Criminal Law Comparison

• Type of Harm
  • Civil – Private Injury
  • Criminal – Harm to society
• Names of the parties
  • Plaintiff/Defendant
  • State/Defendant
• Prosecutor of the claim
  • Usually an individual/sometimes the government
  • Government
• Standard of proof
  • Civil – Preponderance of evidence
  • Criminal – beyond reasonable double
• Judgment
  • Civil – Liable/Not liable
  • Criminal – Guilty/Not Guilty
• Sanctions/Remedies
  • Civil – Damages/Injunction
  • Criminal – Imprisonment/Fine/Death
• Source of Law
  • Civil – Common Law/Statutes
  • Criminal – Statutes

Criminal Law

• Criminal Law deals with harm to society as a whole. 

Types of Crimes

• Felonies  – Serious crimes carry a prison sentence of one year or more
• Misdemeanors – Minor crimes usually punishable by a fine or a jail sentence of less than one year

Categories of Crimes

• Crimes against persons (homicide, kidnapping, sex offenses, assault, and battery)
• Crimes against property (theft, robbery, burglary, arson, and trespass)
• Crimes against public health or decency (drug offenses, bribery,gambling)
• Crimes against government itself (treason and official misconduct)

Prima Facie Case

• Prosecution must prove:
  • Requisite elements of the crime
  • Mens rea (Requisite bad intent)
  • Actus reus (Requisite bad act)

Elements of a Crime

• Whoever steals. . .with intent to steal. . .the property of another. . .shall be guilty of larceny. . .

Civil Law

•   Civil Law refers to private actions brought by individuals to address perceived wrongs.

Prima Facie Case

• Plaintiff has burden of proving elements listed in his or her complaint form a valid cause of action.

Civil Damages

• Compensatory damages
• Punitive damages
• Nominal damages

Areas of Civil Law

• Contracts
• Property law (real and personal)
• Torts (intentional and negligence)

Negligence

• Contributory negligence
• Assumption of the risk
• Comparative negligence
• Strict liability

Substantive vs. Procedural

• Substantive law creates rights and duties
• Procedural law regulates how the legal system works

Answers to Chapter 4 Questions

• What are the three major ways in which attorneys categorize the laws?
  • The three major ways in which attorneys categorize the laws are whether it is state law or federal law or whether the law is a civil law or criminal, or whether the law is substantive or procedural (Currier and Eimermann 86).  
• What is federalism?
  • Federalism is a system of government where the power to make various types of laws is divided between a central government known as the federal government and the regional government known as the state government (Currier and Eimermann 87).  Since the United States follows federalism each of the 50 state governments has its own legal system. 
• True or False: every state must have the same laws regarding gambling. Why?
  • False.  Every state has its own legal system under the federal system of government.   Although it is common for many states to have similar laws, it is not necessary that every state must have same laws regarding gambling. 
• What does it mean to say that the federal government is a government of limited powers.
  • The federal government is a government of limited powers because its powers are limited to those that are delegated to it in the U.S. Constitution (Currier and Eimermann 87). 
• Do you think Congress could (not should) enact a national divorce statute? Why?
  • No.  The federal government’s power is limited to those that are delegated to it in the U.S. Constitution.  On the other hand, the matter of enacting a divorce statute falls within the jurisdiction of the state governments which is responsible for the advancement of the health, welfare, safety and morals of the people (Currier and Eimermann 87). 
• Why are some areas of the law preempted by the federal government?
  • Some laws are preempted by the federal government because it has the ability to carry out laws that are necessary and proper to carry out its delegated powers (Currier and Eimermann 88).  Thus, the federal government can justify expanding law based on the reason that such law is necessary and proper to carry out its delegated powers. 
• Name at least four ways in which civil law differs from criminal law.
  • A civil law is different from criminal law.  Insofar as the type of harm, civil law involves a private injury while the criminal law involves harm to the society (Currier and Eimermann 90).  Insofar as the names of the parties is concerned, civil law involves plaintiffs/defendants while criminal law involves state/defendants (Currier and Eimermann 90).  Insofar as the prosecutor of the claim, civil law involves a private individual although it is possible for the state to initiate the claim while a criminal law always involves the government.  Insofar as the standard of proof is concerned, civil law requires preponderance of evidence while criminal law requires beyond reasonable doubt.  Insofar as judgment is concerned, in civil law the defendant is rendered liable or not while in criminal law the defendant is either guilty or not guilty (Currier and Eimermann 90).  Insofar as the sanction is concerned, the defendant can be held liable for damages or injunction while in criminal law the defendant is punished with fine, imprisonment or death.  Insofar as the source of law is concerned, in civil law the source of law is common law/statutes while in criminal law the source of law is the statute.
• When is the burden of proof “beyond reasonable doubt” and when is it a preponderance of the evidence
  • In a criminal case, the burden of proof is beyond reasonable doubt while in a civil case the burden of proof is preponderance of evidence (Currier and Eimermann 94).  Criminal trials require a different burden of proof because of the nature of the sanctions which may lead to the imprisonment or death of the defendant.
• In a civil case, if a jury is evenly split, leaning equally toward the plaintiff’s and the defendant’s view of the facts, who will win?
  • In a civil case, if the jury is evenly split then the cause should be dismissed in favor of the defendant.  In order to establish preponderance of evidence, the evidence must be such that the defendant more likely committed the act complained of (Currier and Eimermann 94).  Thus, if its leaning equally then the burden of proof is not met. 
• What two basic elements must be established for the government to prove the prima facie case in a criminal case?
  • In order for the government to provide prima facie case in a criminal case the government must establish two elements which are the mens rea (bad intent) and actus rea (bad behavior) (Currier and Eimermann 96).  Both elements must be established in order for a crime to be committed.  If it was only bad intent without bad behavior then there is no crime.  In the same manner, without bad intent a bad behavior cannot be considered as a crime.
• Why can the same act constitute several different crimes?
  • The same act may constitute different crimes.  One action can give rise to both civil and criminal liability.  For example, a person who burns another person’s house with bad intent can be liable for arson.  At the same time, the owner of the house may sue the individual responsible for civil liability so he can pay for the damages done. 
• What are the two basic defenses to a criminal action?
  • When prima facie is established, the defendant can present several defenses to avoid criminal liability.  The first defense is to justify the act such as self-defense (Currier and Eimermann 97).  In this case, the defendant admits that he committed the act but presents evidence that the action was done in a way that will exempt him from criminal liability.  The second defense is the one that negates bad intent.  For example, the defendant argues that he was suffering from insanity or intoxication at the time of the crime.
• In a criminal case does the government or the defendant present its case first? Why?
  • In view of the doctrine of presumption of innocence, the government always presents the case first to establish prima facie evidence of the crime.  Once the prima facie case is established, the burden of proof shifts to the defendant to show the absence of mens rea and actus rea.
• What is the general definition of a civil cause of action?
  • A civil cause of action is a claim that based on the law and the facts is sufficient to demand judicial action.  The plaintiff who brought the suit needs to prove his case by a preponderance of evidence. 
• In a civil case, does the plaintiff or the defendant present its case first? Why?
  • In a civil case, the plaintiff who brought the suit should present his case first.  He should establish that he has a cause of action against the defendant, otherwise the court will dismiss his case.
• What are the three types of damages available in a civil case?
  • If the court finds that the plaintiff is entitled to recover, there are three types of damages that may be awarded to the plaintiff.  The compensatory damages refer to the compensation given to the plaintiff for the harm done to him/her which covers the hospitalization bills and medicine caused by the injuries sustained (Currier and Eimermann 99).  Punitive damages refer to the punishment given to the defendant for his intentional commission of a wrong which is also in the form of money.  Nominal damages refer to the damages imposed against the defendant when the law has been violated but the plaintiff is unable to prove any monetary harm.
• In addition to damages, what might a plaintiff seek in a civil case
  • Plaintiff may also ask the court to issue an injunction requiring the defendant from performing any specific action. The plaintiff may also ask the court to require the defendant to perform a specific action (Currier and Eimermann 99)
• What must be present for a contract to be valid?
  • A valid contract has three basic elements which are offer, acceptance of the offer and a consideration. 
• What is the basic difference between a contract and a gift?
  • The basic difference between a contract and a gift is consideration (Currier and Eimermann 99).  Consideration refers to the value that one party receives for doing his part of the contract.  In a gift, there is no consideration involved other than generosity of the giver. 
• What are the three main areas of tort law?
  • The three main areas of tort law are intentional, negligent and strict liability.  These areas punish an individual for doing harm to another person or his property (Currier and Eimermann 100)
• Give the general definition of negligence, and list the elements necessary to prove a prima facie case.
  • Negligence refers to the failure to act as a reasonably careful and prudent person is expected to act under the circumstances (Currier and Eimermann 100).  The standard required to test whether a person was negligent is the reasonable man standard.
• What are the main defenses to negligence?
  • Among the defenses available to the defendant is that the defendant may establish that he acted according to the reasonable person standard.  This means that he did not commit any kind of negligence.  In addition, he may present affirmative defenses which are the contributory negligence and assumption of risk (Currier and Eimermann 101).  Contributory negligence means that the plaintiff was also negligent which contributed to the injury.  Assumption of risk means the plaintiff knowingly exposed himself to injury despite the knowledge of the risks and the danger. 
• What is the difference between substantive and procedural law?
  • Substantive law refers to the law that defines our rights and duties (Currier and Eimermann 103).   On the other hand, procedural law refers to the formalities of how the legal procedure operates.  It states where and how a person can file his suit so we can recover for the injury sustained.
• What is the function of a statute of limitations?
  • The statute of limitations limits the time period when an individual can file a suit against another (Currier and Eimermann 103).  For instance, there are laws which limit the number of years for an individual to file a suit.  If the suit is filed after the specific number of years in the procedural law, the plaintiff loses his cause of action leading to the dismissal of the case.