Walsh power point_chapter 7

Law, Justice, and Society:A Sociolegal Introduction

Chapter 7

Civil and Administrative Law

Civil and Administrative Law designed to provide remedies for individuals

harmed by others designed to manage social conflict designed to restore social harmony (Myren,

1988) provides a means by which disputes between

private parties can be resolved without the use of force

has its own substantive and procedural law as well as precedent

Civil and Administrative Lawcomplaint is filed by plaintiff redress given in form of

monetary damages injunctions specific performance

defendant may appeal verdict or judgment to higher court

Civil and Administrative Law burden of proof in civil trial: proof by a preponderance of the evidence evidence indicates that it is more likely than

not that the defendant committed the wrongful act

also: clear and convincing evidence punitive damages involuntary commitment

Civil and Administrative Law many rights provided in a criminal trial are not

present in a civil trial: no exclusionary rule no right to remain silent diminished right to cross-examine hostile

witnesses no legal obligation for the state to provide an

attorney for indigent defendants

Civil and Administrative Lawdivided into four main categories:

1.Property

2.Contracts

3.Torts

4.Family law juvenile law is also a category of civil

law, covered in chapter 8

Civil and Administrative Law

product of English common law protection of ownership rights property: the right of possession or ownership includes:

personal real intellectual

Pierson v. Post, 1804 City of Oakland v. Oakland Raiders, 1980

Property Law

Civil and Administrative Law

interests are rights freehold estate: a person owns a piece of

property fee simple estate: possession ends at death fee simple absolute state: possession does not

revert to original owner at death tenancy in common

non-freehold estate: the right to use property

Interests in Real Property

Civil and Administrative Law

easement: limited right to use the property of another for a specific purpose

adverse possession generally affects only property abandoned by original owner

nuisance doctrine: property owner may not use property in such a way that it has an unreasonable, adverse effect on other property owners must keep property reasonably safe

Interests in Real Property (cont.)

Civil and Administrative Law

bailment: when a person transfers possession of one item to another person for a particular purpose with the understanding that it will be returned

a transfer of possession, not ownership

Interests in Personal Property

Civil and Administrative Law

legally enforceable promises elements of a valid contract:1. At least two parties2. Must be capable (have legal capacity) of signing a

contract3. Must agree to terms of the contract (assent) in good

faith4. Must have both a promise and consideration5. Can be either written or verbal

Contracts

Civil and Administrative Law

breach of contract: when terms of contract are not met

Uniform Commercial Code Sullivan v. O’Conner, 1973 National Labor Relations Board v. Bildisco &

Bildisco, 1984

Contracts (cont.)

Civil and Administrative Law

the body of law associated with harm caused to the plaintiff by the action/inaction of defendant(s) (the tortfeasor)

exist to determine what harm has been done and how best to remedy such harm so that the plaintiff is in a position similar to the one prior to the harm

damages are awarded to the harmed; usually monetary

Torts

Civil and Administrative Law

intentional acts defendant deliberately caused harm

negligent acts the defendant had a duty to act in a certain way;

the defendant breached that duty; harm resulted ordinary care standard Lubitz v. Wells, 1955

strict liability

Categories of Torts

Civil and Administrative Law

challenge causal and duty issues affirmative defenses: contributory negligence: if an injured party is

partially responsible for her injuries, she is barred from recovering from a tortfeasor

comparative negligence: apportions responsibility

consent and immunity (sovereign immunity)

Defenses to Torts

Civil and Administrative Law

focuses on dissolution of marriages marriage is a legal contract requirements for marriage:

license legal capacity (age, sound mind) presence of someone legally permitted to

acknowledge marriage witnessed marriage vows

common law marriage

Family Law

Civil and Administrative Law

requires grounds no-fault major fault annulment: legal declaration that not all

requirements were met, ergo, marriage never existed

child custody: based on custodial status of parents

Divorce

Civil and Administrative Law

Reynolds v. United States, 1878 Skinner v. Oklahoma, 1942 Loving v. Virginia, 1967 Zablocki v. Redhail, 1978 Turner v. Sufley, 1987

Supreme Court and the Right to Marry

Civil and Administrative Law

the role of women increasing mobility employment and education opportunities technological changes in fertility science

Forces Affecting Marriage and the Family

Civil and Administrative Law

branch of public law involving governmental administrative agencies

includes the making, enforcement, and adjudication of regulatory agendas

investigates complaints, conducts on-site inspections, and requires annual reports

hearings represented by juries no juries appealed to civil courts

Administrative and Regulatory Law

Civil and Administrative Law

appeals: Chevron deference

Administrative and Regulatory Law (cont.)

Civil and Administrative Law

not reported by UCR people who define crime and its seriousness

are same people who have vested interests in businesses

administrative agencies often run by businesspeople who go in and out of government and business

agencies are not under USDOJ, although criminal charges can be pressed

Administrative Law and Corporate Crime

Civil and Administrative Law

Sarbanes-Oxley Act White Collar Crime Penalty Enhancement Act recent court cases:

WorldCom Adelphia Communications Corp. Enron

Changes to Administrative Laws