Types of Civil Law
What is a Contract?
A set of voluntary promises, enforceable by the law, between parties who agree to do or not do something.
Hiring a lawyer.
What are the three levels of crime?
Petty Offenses, Midemeanors, and Felonies.
What happens if someone pleads not guilty during the initial appearance step?
A trial date is set.
What type of law is a Tort?
Civil Law.
What are the two types of Contracts?
Expressed and Implied Contracts.
How much do Lawyers usually get paid?
One-fifth to one-half of the total money won in the lawsuit, or they will work for an hourly fee.
What are some examples of a Felony?
Serious crimes such as burglary, kidnapping, arson, rape, fraud, forgery, manslaughter, or murder.
What is an indictment?
A formal criminal charge.
What is a summons?
An official notice of the lawsuit that includes the date, time, and place of the initial court appearance.
What is the main difference between Real Property and Personal Property?
Real Property is land and the things connected to it, Personal Property includes movable items, such as clothes or jewelry, as well as stocks and bonds.
Why are ninety percent of all civil lawsuits settled during the discovery phase?
Costs mount and people become more willing to compromise.
What is the punishment of a petty offense?
When people commit a petty offense, they often receive a ticket, or citation, rather than being arrested.
When does a criminal case begin?
When the police believe a crime has been committed.
What happens when the jury can't decide on a verdict? What is this called?
It is know as a hung jury and the case is considered a mistrial.
What makes a tort negligence?
A person is negligent when he or she fails to do something a reasonable person would have done, or does something a prudent person would not have done.
Why is the Pretrial Discovery step of a Civil case so complicated?
The attorneys and private investigators in major cases may interview witnesses, examine records and photos, and file motions against the other side.
Whats the difference between the punishment for a misdemeanor and a petty offense.
A person found guilty of a misdemeanor may be fined or sentenced to jail, usually for one year or less.
What must a warrant include?
A valid arrest warrant must list the suspect’s name and the alleged crime.
What is the "Three-Strikes Rule"?
Individuals convicted of three serious offenses to be sentenced to 25 years to life in prison.
These courts hear civil cases commonly dealing with collecting small debts, property damage, landlord-tenant disputes, small business problems, and the like.
What must the Plaintiff do if the the loser appeals or refuse to pay damages?
The plaintiff must get a court order to enforce the payment of damages in one of several ways, such as taking money out of the defendant’s paycheck or seizing and selling the defendant’s assets.
What is bail?
A sum of money the accused leaves with the court until he or she returns for trial.
What is plea bargaining?
The prosecutor, defense lawyer, and police work out an agreement through which the defendant pleads guilty to a lesser crime (or fewer crimes) in return for the government not prosecuting the more serious (or additional) crime with which the defendant was originally charged.
What is the most well known early form of law?
The Code of Hammurabi.