-
serious crime punishable by death or imprisonment for more than a year
felony
-
less serious crime punishable by less than one year
misdemeanor
-
crimes committed with or through the use of computers or computer technology
cybercrimes
-
crime of unlafully causing physical injury to another; tort of threatening another with bodily harm
assualt
-
forcible taking of money or personal property from another
robbery
-
intentional, illegal burning of a home, building or personal property
arson
-
unlawfully entering another's home or building with the intent to commit a crime
burglary
-
unlawful taking of a person;s property witout the use of force and with the intent of permanently depriving the person of the property
theft
-
intentional theft of the money or personal property of another
larceny
-
taking merchandise from a store without paying for it
shoplifting
-
unlawful use or stealing property by one who has been legally entrusted with the property
embezzlement
-
making a false written intrument or the material alteration of an existing geniune written instrument with intent to deceive
forgery
-
unlawfully obtaining through deception or trickery, possesion of another individulal lawful property
false pretense
-
crime in which a person illegally optains money or other property by making threats, (extortion)
blackmail
-
possesion of property acquired as the result of some qrongul or dishonest act of taking
receiving stolen property
-
receibing and profiting from advance inside information about the stock of a publicly held corporation
insider trading
-
unlawful payment used to secure new business, obtain proprietary information or manage some persnal gain
bribery
-
unlawfully obtaining and using personal Identity of another pserson
identity theft
-
having consumed sufficient alochol that the ability to properly operate a motor vehicle is affected
DWI
-
law imposing liability on bars and tavers selling alcoholic beverages to intoxicated persons
Dram shop act
-
Racketeer Influenced & Corrupt Organization Act
RICO
-
reason an accused offers to excue his or her guilt in a criminal action, reason offered by defendant in a lawsuit for being relieved of reposibility
defense
-
Infancy, Insanity, Involuntary Intoxication, duress, justification, self-defense, entrapment, mistake based on DNA evidence
Defenses for crimes
-
crime committed by a person who was forced to act agains his or her own will
duress
-
The Primary steps in a Civil Lawsuit
Injury to plaintiff or damages to his/her property
-------- Plaintiff does nothing
Plaintiff consults attorney
Plaintiff’s attorney issues complaint and summons to
defendant
- Complaint,
names of parties, sets out the cause of action (facts) why they believe legal
action is necessary and remedy sought.
- Summons
is issued. This is a written notice to the party being sued indicating that a
lawsuit has been filed and ordering an authorized representative of the
defendant to appear in court or to answer in writing within a designated period
of time.
Defendant’s attorney files answer
- The
answer is a written response to the allegations make by the plaintiff.
-
i.
Answer could deny all charges
-
ii.
Answer could deny some charges while admitting others
- A
failure to acknowledge gives the plaintiff the right to a judgment by default.
Pretrial
proceedings------------------------------------- Case settled without a trial
Pretrial proceedings usually consist of motions, discovery, and a pretrial
conference.
-
i.
A motion is an application to a judge for a ruling on a
point of law.
- a
summary judgment asks the judge to decide the issue based on the statements in
the complaint and in the answer.
-
ii.
Discovery is used to learn in detail the nature of the other’s
claim or defense.
- a
deposition is a sworn statement
-
iii.
Pretrial conference can be held to see whether the suit
can be settled without a trial.
Trial by judge of jury
- If
either side wants to use a jury, then one would be assembled.
-
i.
Petit jurors. This is selecting the jurors from a panel
of prospective jurors. (12) (8) whatever the state decides.
- Removal
for cause. Biased or related to someone in case.
- Peremptory
challenges is a means to dismiss a limited number of potential jurors without
giving any reason/
-
ii.
Opening Statements
-
iii.
Plaintiff presents their case
-
iv.
direct examination
-
v.
cross examination
-
vi.
Defense presents their case
-
vii.
direct examination
-
viii.
cross examination
-
ix.
Closing arguments
Decision by judge or jury verdict
Judgment entered in court record
Appeal filed by losing party
- Injury to plaintiff or damages to his/her property-------- Plaintiff does nothing
- Plaintiff consults attorney Plaintiff’s attorney issues complaint and summons todefendant
- Complaint,names of parties, sets out the cause of action (facts) why they believe legalaction is necessary and remedy sought.Summonsis issued. This is a written notice to the party being sued indicating that alawsuit has been filed and ordering an authorized representative of thedefendant to appear in court or to answer in writing within a designated periodof time. Defendant’s attorney files answerTheanswer is a written response to the allegations make by the plaintiff. i. Answer could deny all charges ii. Answer could deny some charges while admitting others Afailure to acknowledge gives the plaintiff the right to a judgment by default. Pretrialproceedings------------------------------------- Case settled without a trialPretrial proceedings usually consist of motions, discovery, and a pretrialconference. i. A motion is an application to a judge for a ruling on apoint of law.asummary judgment asks the judge to decide the issue based on the statements inthe complaint and in the answer. ii. Discovery is used to learn in detail the nature of the other’sclaim or defense.adeposition is a sworn statement iii. Pretrial conference can be held to see whether the suitcan be settled without a trial. Trial by judge of juryIfeither side wants to use a jury, then one would be assembled. i. Petit jurors. This is selecting the jurors from a panelof prospective jurors. (12) (8) whatever the state decides.Removalfor cause. Biased or related to someone in case.Peremptorychallenges is a means to dismiss a limited number of potential jurors withoutgiving any reason/ ii. Opening Statements iii. Plaintiff presents their case iv. direct examination v. cross examination vi. Defense presents their case vii. direct examination viii. cross examination ix. Closing arguments Decision by judge or jury verdict Judgment entered in court record Appeal filed by losing party
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