law245 notes

law245 notes - Powers Civil lawsuits and criminal lawsuits...

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Powers Civil lawsuits and criminal lawsuits – the 2 categories Civil = plaintiff vs. defendant (pi vs. delta) - cannot go to jail - $ damanges Criminal = state (victim) vs. defendant - if defendant is guilty, jailtime and/or fines Kyle plaintiff vs. teacher, school district, Dover NH defendant (nipple) Kyle pays State vs defendant – state pays (taxpayers pay) Plead out – make a deal Criminal lawsuit – many are political In criminal lawsuit, a man is guilty of embezzlement of a million. He may go to jail or fines. But for the victim to get the money, he must bring a civil suit, in which he would have to pay. Chang 2 nd class class action – vitamin water - the whole class of ppl that’ve had their rights violated - needs certification o numerosity (too many to be filed individually) o same/similar injury (we thought it was healthy) o same/similar award (change the marketing) evidence: witness and documents jury: find facts judge charges the jury, gives them jury instructions jury verdicts are not common law must show error of law was made to appeal 4 distinctions Civil vs. criminal - traffic accident is civil (negligence) - criminal is crimes against society, our way of life - all criminal law is statutory Procedural (rules of lawsuits) vs. substantive (right of people) - statute of limitations: can’t be tried if you don’t find me in 25 years for civil or criminal crimes o only first degree murder doesn’t have statute of limitation o because people forget things (Tuesday on 13:30 where were you) timeline takes 5 years to appellate court - file a complaint: first formal judicial document, short statement of facts and why I’m suing
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- 20 days to answer it get email for effasus Single recovery theory: you have one chance to recover you sue everybody possible for all damages you could want the first time cause you won’t get a second DA AG US attorney Justice department Chang Crime is about the constitution Founding father fled persecution and over-broad government in GB But will need a strong government to start a country But need to protect individual citizenry will not be abused But state will need to be able to protect citizens but not taking their liberties - - - Became constitution - Amendments: individual rights > but really limit the government crime is 4, 5, 6,8 th amendments purpose of punishment – deterrence what good is death penalty that doesn’t deter - retribution, escape, other inmates….. nearly 100% of criminal law is statutory elements – facts you have to prove to win your claim for example. Charged for larceny (stealing) the elements 1. trespassory taking (taking without permission) 2. property 3. of another 4. with intent to permanently deprive a. intent is a long word, very specific thing to show b. how to prove without him admitting it?
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