civil law

Civil Law

Unit 6-15

This Photo by Unknown author is licensed under CC BY-SA-NC.

Lesson Overview

• Students Will Be Able To:

o Identify types of civil law
o Evaluate whether the plaintiff in a civil case meets the burden of proof

o Create a fictional civil case

• Vocabulary:

o Class-Action Lawsuit, Intellectual Property, Lawsuit,
Out-of-Court Settlement, Tort

Multiple Choice

Consider the scenario below. Match the person to the role.

• Thieferton is suspected of robbing a bank and is arrested. To prepare for the criminal trial, Thieferton hires a legal professional named Lawson. In the trial, Lawson argues on Thieferton's behalf, hoping to prevent Thieferton from being found guilty. Another legal expert named Stately represents the government in the trial. Stately presents evidence to try to prove that Thieferton committed the crime. What is Stately's role in this case?

• Defendant

• Prosecutor

• Witness

• Defense Attorney

Multiple Choice

Consider the scenario below. Match the person to the role.

• Thieferton is suspected of robbing a bank and is arrested. To prepare for the criminal trial, Thieferton hires a legal professional named Lawson. In the trial, Lawson argues on Thieferton's behalf, hoping to prevent Thieferton from being found guilty. Another legal expert named Stately represents the government in the trial. Stately presents evidence to try to prove that Thieferton committed the crime. Who is Thieferton in this scenario?

• Defendant

• Prosecutor

• Witness

• Defense Attorney

Multiple Choice

Consider the scenario below. Match the person to the role.

• Thieferton is suspected of robbing a bank and is arrested. To prepare for the criminal trial, Thieferton hires a legal professional named Lawson. In the trial, Lawson argues on Thieferton's behalf, hoping to prevent Thieferton from being found guilty. Another legal expert named Stately represents the government in the trial. Stately presents evidence to try to prove that Thieferton committed the crime. Who is Lawson in this scenario?

• Defendant

• Prosecutor

• Witness

• Defense Attorney

Review of Criminal and Civil Law Cases

Why do you
think that
we have
two
separate
law
systems in
this
country?

Open Ended

Why do you
think that
we have
two
separate
law
systems in
this
country?

Essential Question- What kinds of cases occur in civil law, and how are the cases settled?

Poll

Out of these scenarios, which one would you most likely pursue legally? (This is purely your opinion- there are no correct answers)

• An appliance manufacturer refuses to repair a faulty refrigerator

• You discover someone used your music or art in an online video without your permission

• A shelf in a store falls on you and injures you

• Someone hits a baseball through your home's window

Types of Civil Law

• These cases involve non-criminal disputes between two parties

• A Lawsuit- is a legal claim that a party brings to court to solve a legal dispute

• Some of the most common types of civil lawsuits are:

oContracts

 Legally binding agreements. If either party believes that the contract has been violated, they can file a lawsuit

o Property Law

 Involves disputes over who legally owns something

 Intellectual Property- ownership of an idea or creative work that an individual holds a patent or copyright for

o Family Law

 Legal disputes within a family

 End of marriages, arrangements for custody, which family member owns certain property

o Tort

 A Tort- is non-criminal behavior that causes harm to another person

 It may be intentional or maybe the result of negligence or recklessness

 Examples- suing for reckless driving, someone being bitten by a dog, injured worker suing employer, etc..

Plaintiff, Defendant, and Attorneys

• There are plaintiffs in both civil and criminal cases, they are
the ones making a claim in court as well as attorneys
(Lawyers)

• In a civil case the plaintiff is the party accusing the other side of causing harm or injustice

• They are looking for the courts to bring justice to the case

o Looking for compensation money or to make changes to end the
injustice

o Most often these are individual cases and people

• Class-Action Lawsuits- where one plaintiff or a group of
plaintiffs file a lawsuit due to harm against a larger group or
class.

o Example- The Brown v. Board of Education Case was a class-action
lawsuit

Multiple Choice

Which role is part of a criminal case but not part of a civil court case?

• Plaintiff

• Prosecutor

• Attorney

• Defendant

Burden of Proof in a Civil Case

• The burden of proof is higher in a criminal case as
opposed to a civil case (Beyond a shadow of a doubt)

• In a Civil Case it is "A Preponderance of Evidence," meaning that something is more likely than unlikely

Multiple Select

In which 2 cases would the court hold the defendant responsible for alleged damage?

• The jury is certain that the plaintiff's claims are false or unreasonable, and the defendant did not cause damage

• The jury thinks it is equally likely that the defendant is responsible or not responsible for the damage.

• The jury thinks it seems likely, though not certain, that the defendant is responsible for the damage

• The jury is certain that the defendant caused the damage

Out of Court Settlements

• Over 90% of Civil cases end with an Out of Court Settlement- an arrangement the two parties agree to without having a trial

• The parties' attorneys may help them reach an agreement or they can hire a mediator (a neutral third party) to help settle the matter

• These are more popular options as opposed to a long (time wise), Costly (money) trial

• The case will go to court if the parties cannot reach an agreement

*** Example: Who would win in court- DJ Earworm mashup?

In a well-known copyright case,
musical artists David Bowie
(pictured above) and Queen
sued artist Vanilla Ice for
copying a bassline from their
song. The parties settled out of
court: Vanilla Ice paid Bowie and
Queen compensation and gave
them credit for the bassline
he used in his song.

Essential Question- What kinds of cases occur in civil law, and how are the cases settled?

• Civil law may involve contracts, property, family, or tort.

• Plaintiffs, defendants, and attorneys act in civil cases.

• The burden of proof in a civil case is "a preponderance of evidence."

• Most cases are settled out of court.