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UW-Milwaukee CRMJST 275 - Civil and Criminal Law

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CRM JST 275 1st Edition Lecture 4 Current LectureI. Standard of Reviewa. If violates the 14th amendmentb. 3 levels of review:i. Strict scrutiny:1. Fundamental rights and suspect classifications (race and religion)2. Compelling interest and narrow scopeii. Intermediate scrutiny1. Quasi-suspect classifications (gender, poverty)2. State: important government purpose iii. Rational basis test1. All other issues2. Any rational basis, presumes state validChapter 3: civil and criminal LawII. Substantive and Procedural lawa. Substantive lawi. Prescribes and proscribes conduct (and punishment)ii. Criminal code, statutesiii. i.e. Wisconsin State Statutes b. Procedural Lawi. rules government must follow in enforcing substantive lawdue processii. prescribes and proscribes conduct by LE, attorneys, judgeiii. i.e. federal rules of Criminal Procedure (Cornell Law)III. Civil Law vs. Criminal LawThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.a. Civil law=private wrongsi. May also be a criminal offense (i.e. wrongful death)ii. May not be a criminal offense (i.e. divorce)b. Criminal Law=wrongs against societyi. Violation of criminal code/statutec. Many differences, but most important is the burden of proof, defendant rights (right to remain silent), and “punishment” IV. Basics of Civil Lawa. Regulates individuals corporations, and organizationsb. Types of dispute resolution:i. Property, contracts, personal injuriesc. 5 major types of civil law:i. Torts, property, contracts, family law, probate (most emphasis on torts and family law in this course)**questions on exam)V. Key Distinctions of Civil Lawa. Injured party=plaintiff; other party=defendant (or respondent)b. Standard of Proof=preponderance of evidencei. i.e. ~51% or greaterii. continuum: mere suspicion (having a hunch)reasonable suspicion (you have a way to articulate why you believe someone is suspicious i.e. terry stop)probable cause (actual evidence)preparation of evidenceclear and convincing (stronger level of proof, but not absolutely certain)BARD (beyond areasonable doubt)c. defendant liability, remedy sought and judgmenti. injunctions, specific performance (i.e. register)ii. monetary damages (compensatory, punitive [to deter defendant from repeating the offense])d. burden pf proof starts with plaintiff, shifts to defendante. evidence (fewer restrictions than in criminal) and testimonyi. inadmissible in criminal (i.e. hearsay, privately obtained)ii. cross-exam (plaintiff does not have to be physically present), compel witnesses (defendant does not have the right to), jury not requiredf. attorney i. no requirementVI. Tort Lawa. Any (non-contract) harm caused to plaintiffi. i.e. product liability, medical malpracticeii. also can include against government/officials (may overlap with criminal law)iii. civil suit: charges/damages, in generalb. remedy sought, if judgment favors plaintiff:i. damages (compensatory, at times punitive)ii. sometimes specific performancec. double jeopardy does not apply (i.e. OJ Simpson case)i. but res judicata does (no new civil suit if lost)d. both parties can still appealVII. Types and Defenses of Tort Lawa. 3 types based on intent (will need to know these well):i. Intentional Torts – deliberate harm (i.e. battery)ii. Negligence – failed to protect from unreasonable risk (i.e. car accident)iii. Strict Liability – intent irrelevant (i.e. vehicular manslaughter, product liability)b. Defenses to Liabilityi. Contributory negligence: plaintiff in any way (if plaintiff contributed, case is dropped) (most judges are not apt to this defense)ii. Comparative negligence: based on percentages (more common than contributory) (percentage of liability to each person is how the $ will be ordered/split)iii. Consent by plaintiff (i.e. consented to being injured, as in a wrestling tournament)iv. Sovereign immunity: limits on who can be sued (i.e. mayorVIII. Family Lawa. Marriages and divorcesb. Child custody (who has it, court payments), (establishing) paternity, child support (can potentially lead to criminal action)c. Dividing property (half for WI, other states are different), support (i.e. alimony)d. Domestic abuse and harassment (broader category) injunctionsi. Prohibits contact by one party1. Direct, 3rd party, electronic2. Violation faces criminal sanctions (usually misdemeanors)ii. Process:1. Temporary restraining order (TRO)a. Applied for at court houseb. ~2 weeks2. Magistrate/commissioner (some sort of judge) will review3. Final injunctiona. Time limit varies by stateb. In WI, the maximum is 4 years for DAI/HI (domestic abuse/harassment) and 2 years for Child AbuseIX. Property Law and Contract Lawa. Property lawi. Possession/ownership vs. useii. Land, intellectual property, personal propertyb. Contract lawi. Business conductlegally enforceable promiseii. I.e. exchange of goods, servicesiii. If contract breached, fraudulentc. Probate lawi. Estates,


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