Law, Justice, and Society:A Sociolegal Introduction
Chapter 7
Civil and Administrative Law
Civil and Administrative LawCivil law is private law in that it governs
transactions between non-government entities such as corporations and private individuals
Civil and Administrative LawDesigned to provide remedies for individuals
harmed by othersTo manage social conflictRestore 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 plaintiffRedress given in form of
monetary damages (punitive damages) injunctions specific performance (particular actions the
defendant must perform) Defendant may appeal verdict or
judgment to higher court
Civil and Administrative LawBurden 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 LawMany 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
Who is the legal victim? The state The individual
Who Initiates Action? State or federal prosecutor Private party or parties known as plaintiffs
Issue before the courts. Did the defendant violate a criminal code? Did the defendant cause harm to the plaintiff(s)?
Standard of proof Beyond a reasonable doubt Generally, preponderance of evidence. Sometimes extended to clear and convincing evidence
Who has Burden of proof The prosecution Initially the plaintiff, but both parties must “prove” their cases.
What is the remedy sought? Punishment—probation, jail, prison, death. Money or other compensation, punitive damages, resolution of conflict
Rights of the defendant All rights enumerated under the Fourth, Fifth, Sixth, Eighth, and Fourteenth
Amendments
Amendments do not apply to private matters; they are rights owed only by the state to individuals
Who has the right to appeal an adverse decision?
The defendant Both the plaintiff and the defendant
Civil and Administrative LawDifferences between criminal and civil law
Civil and Administrative LawDivided into four main categories:
1. Property
2. Contracts
3. Torts
4. Family law
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 only affects property abandoned by original
owner
Nuisance doctrine: property owner may not use their property in such a way that it has an unreasonable, adverse affect 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 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 parties
2. Must be capable (have legal capacity) of signing a contract
3. Must agree to terms of the contract (assent) in good faith
4. Must have both a promise and consideration
5. 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 vs. 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)
Exists 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 their injuries, they are barred from recovering from a tortfeasor
comparative negligence: apportions responsibility consent and immunity (sovereign immunity)
Defenses to Torts
Civil and Administrative Law
An effort to limit what is seen as frivolous lawsuits
Has become a highly politicized issueReduce the “sue the bastards” attitude
Tort Reform
Civil and Administrative Law
Focused 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 DOMA (1996)—same sex couples cannot marry
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
Divorce
Civil and Administrative LawDivision of property
Dual property state All-property state
Child custody: based on custodial status of parents
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
Include the making, enforcement, and adjudication of regulatory agendas
Investigates complaints, conducts onsite inspections, and requires annual reports
Hearings represented by juries no juries appealed to civil courts
Administrative and Regulatory Law
Civil and Administrative LawAdministative Procedure Act (APA) of
1946 established the basic procedural standards for federal agencies
Administrative agencies have an almost exhaustive spectrum of functions (OSHA, FDA, SEC, etc.)
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 same
people who have vested interests in businesses Administrative agencies often run by business
people 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