intor class Chapter 4 Law Terms (Vocabulary)

Civil vs Criminal Law

• Civil law vs criminal law: broad classification of legal practice by the type of dispute and the party involved.

  • Civil cases: typically person vs. person; the plaintiff seeks money or other remedies.
  • Example: car accident leading to a civil suit for damages.
  • Civil attorneys often specialize in civil matters (e.g., personal injury, family law, torts).
  • Criminal cases: government (state or federal) vs. a person; the remedy is punishment (e.g., imprisonment, fines).
  • Examples: theft, assault.
  • Prosecutors (state or federal) decide whether to file charges based on case circumstances, resources, and penalties.

• Case style / header (how the parties appear at the top of a case):

  • Civil: Jane Doe v. Jane Doe (or a business/entity like Walmart, trucking company, etc.).
  • Criminal: The State of Texas v. John Doe (or similar state/federal government designation).
  • Note: Even traffic tickets can involve civil rights concerns, but are often treated within civil or administrative contexts rather than pure criminal cases.

• Court organization by case type (criminal vs civil):

  • State system:
  • Misdemeanors typically proceed in smaller state courts (e.g., county courts).
  • Felonies proceed in larger courts (e.g., district courts).
  • Federal system: larger drug cases, child pornography, and other federal issues go to federal courts.

• Substantive vs procedural law

  • Substantive law: defines the rights and duties of people (the substance of the law).
  • Examples: torts, contracts, property, divorce (family law).
  • Procedural law: governs how the law is enforced and applied in practice.
  • Examples: statute of limitations, jurisdiction, discovery, and rules of procedure for trials.

• State vs federal law; federalism

  • Federalism: shared power between federal and state governments; each state has its own legal system.
  • A client’s issue may involve state law, federal law, or both.
  • Example: child pornography cases can be pursued under either state or federal law.
  • Speed limits: typically set by the state; car safety requirements may be federal. This shows how different levels of law interact.
  • Federal law applies when issues involve the U.S. Constitution or federal statutes (e.g., IRS fraud, bankruptcy).
  • Bankruptcy is a federal matter.
  • The U.S. Constitution is the supreme law (Supremacy Clause).

• Key federalism concepts and powers

  • Separation of powers: Legislative (Congress) makes laws; Executive (President) enforces; Judicial (courts) interprets.
  • Checks and balances: e.g., President can veto, Congress can override with a two-thirds vote.
  • Mathematical representation: ext{Override threshold} = rac{2}{3} imes ext{Congress}.
  • Delegated powers: powers given to the federal government by the Constitution (e.g., printing money).
  • Reserved powers: powers retained by the states (e.g., establishing public schools).
  • Concurrent powers: shared powers (e.g., taxation).
  • Implied powers: necessary and proper to carry out duties (e.g., creating the IRS to enforce taxes).
  • Supremacy: when state and federal laws conflict, federal law generally prevails.

• Substantive vs procedural examples across areas

  • Substantive examples: torts, contracts, property, divorce, and family law (state law generally governs these).
  • Procedural examples: statute of limitations, jurisdiction, discovery (how cases are processed and litigated).

• When federal vs state applies to specific topics

  • Federal issues: U.S. Constitution, fraud against IRS, bankruptcy, federal estates, big interstate crimes, federal crimes like child pornography.
  • State issues: crimes like murder, theft, contract, sports-related crimes, broad family law matters (divorce, child custody) typically filed in state court.
  • Some topics can appear in both state and federal systems depending on circumstances (e.g., gun violations with protective orders, cross-border activities, or certain immigration matters).

• Examples and real-world relevance

  • Speed limits are state-determined; federal car safety standards may also apply in certain contexts.
  • Federal bankruptcy courts handle bankruptcy filings; state courts handle most local civil matters.
  • A defendant could face civil liability, criminal liability, or both for the same act in different legal contexts.

• Important terminology and concepts you’ll encounter in chapters 1–3

  • Prima facie case: enough evidence to move forward with a claim.
  • Cause of action: the legal basis for a claim (e.g., negligence, breach of contract).
  • Burden of proof levels:
  • In criminal cases: beyond a reasonable doubt (highest standard).
    • Expression: ext{Beyond a reasonable doubt}
  • In civil cases: preponderance of the evidence (more likely than not).
    • Expression: ext{Preponderance of the evidence}
  • In certain civil matters (e.g., child custody): clear and convincing evidence (middle-to-high standard).
    • Expression: ext{Clear and convincing evidence}
  • Jury instructions and apportionment of fault in civil cases: juries may assign fault percentages to multiple defendants (e.g., 80/20 fault split) which affects damages.
  • Example in damages: if total damages are D = 100{,}000 and fault is split 80% versus 20%, damages may be allocated accordingly.
  • Remedies and damages:
  • Remedial damages = monetary compensation for losses.
  • Nominal damages: small monetary amounts when a legal wrong occurred but little or no actual damage.
  • Injunction: a court order to do or stop doing something (not always money-based).
  • Affirmative defenses (defendant’s defenses): e.g., self-defense in criminal cases or tort defenses.
  • Double jeopardy: cannot be tried twice for the same offense; sovereign or jurisdictional exceptions may exist for certain overlapping cases between state and federal systems.
  • Sovereign immunity: the government cannot be sued without its consent; often requires a waiver or specific process (e.g., EEOC claims through proper channels or border patrol cases with consent processes).
  • EEOC and related claims: federal avenues exist for employment-related claims via the Equal Employment Opportunity Commission; government entities may require specific procedures before suing.

• Contract and Property law basics (brief overview mentioned for context)

  • Contracts: an agreement with legal force; elements include offer, acceptance, and consideration (exchange of value).
  • Consideration: something of value exchanged between parties (e.g., money, services, or goods).
  • Property: real property (land/buildings attached to the land) vs. personal property (movable items like cars, phones, jewelry).

• Tort and personal injury concepts (context for civil practice)

  • Intentional torts: assault and battery; can be pursued civilly.
  • Negligence: failure to exercise reasonable care; common in auto accidents and similar disputes.
  • Strict liability: liability without fault; often applies in product liability and certain dangerous activities (e.g., dog bites).
  • Comparative negligence: damages reduced by the percentage of fault attributable to the plaintiff.
  • Assumption of risk: plaintiff knowingly accepts the risk and waives liability.

• Statute of limitations and procedural timeliness

  • Statute of limitations: time limit for filing a case; crucial in personal injury cases.
  • Example: in the United States, many personal injury cases follow a two-year limit; in Texas, typically two years.
  • Expression: ext{Statute of limitations} = 2 ext{ years} for personal injury (Texas).
  • Practical timing tips:
  • Do not wait until the exact deadline; file earlier (e.g., six months to a year before) to allow service and defense timing.
  • Service of process must occur after filing; delays can jeopardize the case.

• Trial and classroom notes on exam expectations

  • The instructor indicated that chapters 1–3 terminology will appear on the quiz; around 20–25 questions; mostly multiple-choice.
  • Chapter 1 topics mentioned: lawyer/attorney, paralegal, ABA; legal clinic; pro se; paralegal association; causes of action; legal research and reasoning; distinguishable cases.
  • Chapter 2 topics mentioned: confidentiality; attorney-client privilege; work product; conflict of interest; potential client; unauthorized practice of law; contingency fee; client trust accounts; departmental negligence and legal malpractice; JURAT (likely jurat) and acknowledgment.
  • Chapter 3 topics implied: constitutional law; separation of powers; checks and balances; statute; ordinance; administrative law; executive order; equity and injunction.
  • Exam logistics shared: PowerPoints will be uploaded; the next session will cover exam logistics and a timed assessment (likely around 30 minutes) with a code for entry.

• Brief scenarios and what to watch for on exams

  • Civil vs criminal labels can depend on the context and header style, burden of proof, and the party bringing the action.
  • Scenarios may involve identifying whether a case is civil or criminal, and determining the applicable burden of proof (e.g., beyond a reasonable doubt vs preponderance vs clear and convincing).
  • Expect questions about when federal vs state law applies, and when a case could be tried in both systems.

• Quick glossary reminders (from the lecture context)

  • Prima facie case, cause of action, burden of proof, preponderance of the evidence, clear and convincing evidence, beyond a reasonable doubt.
  • Injunction, nominal damages, punitive considerations (where applicable), affirmative defenses (e.g., self-defense).
  • Jurisdiction, discovery, and statute of limitations as procedural concepts.
  • Federalism, separation of powers, checks and balances, delegated powers, reserved powers, concurrent powers, implied powers, Supremacy Clause.

• Note about scope and preparation

  • The instructor emphasized that not all terminology will appear on the quiz; focus will be on chapters 1–3 terminology, with multiple-choice questions.
  • A broad set of terms will be provided, but the quiz will test familiarity and ability to apply concepts rather than memorize every nitty-gritty detail.

• Quick study tips derived from the notes

  • For civil cases, remember the burden of proof is generally preponderance of the evidence; for child custody, it can be clear and convincing.
  • For criminal cases, remember the burden of proof is beyond a reasonable doubt.
  • Be able to distinguish substantive vs procedural concepts and give at least one example of each.
  • Understand the header styles as a clue to civil vs criminal classification.
  • Memorize the major powers framework (delegated, reserved, concurrent, implied) and the Supremacy Clause.
  • Know common examples of federal vs state matters (e.g., bankruptcy = federal; family law = state; federal criminal statutes vs state crimes).