4. Criminal Law, Civil Law, & Tort

Define relationship

.

What 4 requirements must be met for a claim to be successful?

1) Legal duty 2) Breach of duty 3) Damage 4) Relationship

Define Public Law

Affected the public as a whole

What is civil liability?

Basis for all civil lawsuits. developed under modern or common law. Means for a private citizen to seek restitution for a wrongful act.

What is a Tort & is it used to prosecute ?

Civil action brought by a wrongful act, injury, or damage. A private wrong. Not used to prosecute.

Define Criminal Law

Comprised of legislative statutes which define a crime of criminal act

Define Private Law

Dealt with relationships between individuals

Define breach of duty

Failure to perform a duty that is owed to another. Ex: Not following SOP

What are the proof & evidence requirements for civil law and what is the court remedy ?

Proof: By the weight of the evidence, one must prove that it was more probable than not ( More than 50% ) Evidence: Defends the victims position that an injury or damage has occurred. Court remedy: Provide restitution with a monetary award.

What are the proof & evidence requirements for criminal law and what is the court remedy?

Proof: Must prove guilt beyond a reasonable doubt and to moral certainty Evidence: Proves the defendants guilt Court Remedy : Punish or correct through fines and detention

Define Civil Law

The body of law having to do with the private rights of individuals

Define Modern Day or Common Law

Used in the USA today

Define Legal Duty

there is an implied practice that the public has been helped before when 911 was dialed.

Define Damage

there must be a resulting injury of some kind from the breach of duty: ex: Loss of life, Physical injury, loss of property, emotional damage, loss of wages