Civil Law and Court Functions
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What are the three main differences between civil and criminal law?
- 1.Criminal law is controlled by fundamental interests derived from the Constitution and the Bill of Rights.
- 2. Civil law is the adjudication of disputes among private parties.
- 3. Civil law is more of a truth seeking process.
The pretrial methods used to obtain facts and information about the case from the other party.
Define: Interrogatories and their purpose
Written questions submitted to a party in a civil action who is to answer them under oath.
Define: Depositions and their pupose
An interview under oath. It is used to provide examination/cross examination of a person, face to face, without time tofor deliberate carefully and fashion a repsonse.Can only be required of a party of an action.
A judicial notice used to notify a person that an action has commenced against them.
Define: Service of Process
A legally competent adult may serve civil process in civil actions. Generally this requires some type of proof of service i.e. personal delivery w/ signature reciept, first class mail, etc.
Three Theories of Tort Affecting Law Enforcement
- Intentional Tort
- Negligent Tort
- Constitutional Tort
Is an act that is done with purpose.
- The most typical intentional torts brought against officers:
- False arrest or false imprisonment
- Intentional infliction of mental distress
Any person who, acting under the color of law subjects any other person to the deprivation of any rights, privledges, or immunities secured by the Constitution and laws, is liable to the party injured.
Describe the organizational structure of the Federal Courts and their functions.
- U.S. Supreme Court
- -Final court of appeal
- -Appeal from the US Circuit Court of Appeals by petition
- -Original jurisdiction in cases between states
- -Appeal from the highest state courts onvolving Constitutional issues
- U.S. Circuit Court of Appeals
- -Intermediate court of appeals
- -Appeal by right
- -MI is in the 6th Circuit Court of Appeals
- U.S. District Courts
- -federal trial courts
- -Jursidiction of the following types of cases;
- +federal questions
- +Diversity cases-parties from different states if matter in controversey is over $75,000
Describe the organizational structure of the Michigan Courts and their functions.
- MI Supreme Court
- -Final state court of appeals
- -Appeals granted by leave
- Michigan Court of Appeals
- -Intermediate state court of appeals
- -Appeal from Circuit Court by right
- -Other appeal by leave granted
- Circuit Courts
- -General trial courts
- -Jurisdiction over following:
- +Felonies/Circuit Court Misdemeanors
- +Civil cases over $25k
- +Appeals from District Court
- Family Law Division of Circuit Court
- -Jurisdiction over;
- +all matters concerning juveniles, except civil infractions
- District Courts
- -Jurisdiction over;
- +Criminal trials for 1yr misd. and less
- +Civil cases $25k and less
- +Small claims cases up to $3K
- +Issues search and arrest warrants
- +civil infraction adjudications
- District Court Magistrates;
- Informal hearings for civil infractions
- issue search and arrest warrants
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