NAME

DATE

CLASS

netw rks
Civil and Criminal Law
Lesson 1: Civil Law
ESSENTIAL QUESTION
Why does conflict develop?

GUIDING QUESTIONS
1.

What is civil law?

2.

What legal procedures are followed in civil lawsuits?

Terms to Know
contract a set of promises between agreeing
parties that is enforceable by law
tort a wrongful act for which a person has
the right to sue
negligence a lack of proper care and attention
plaintiff the person who files a lawsuit
defendant the person who is being sued

complaint a formal notice that a lawsuit

has been brought
damages money ordered by a court to pay
for injuries or losses suffered
summons a notice directing a person to
appear in court to answer a complaint or a
charge
respond to give a spoken or written answer
discovery a process by which lawyers check
facts and gather evidence before a trial

What Do You Know?

In the first column, answer the questions based on what you know before you study.
After this lesson, complete the last column.
Now...

Later...
What happens when you file
a lawsuit?

Types of Civil Law

Civil law is the branch of the law that deals with disputes
between people, companies, or the government. Such
disputes take place when people think they have been
harmed by someone elses actions. In civil law, court cases
are called lawsuits. Most lawsuits involve one of four types
of civil law. The types of civil law are contract law, property
law, family law, and personal injury law.
One type of civil law involves contracts. A contract is an
agreement between two or more parties to exchange
something of value. A written contract is written out and
signed by both parties. A contract is broken when one party
fails to keep his or her promise. If that happens, the
second party can sue.

186

Vocabulary
1. What is a contract
and why are
contracts important?
________________
________________
________________
________________

Copyright The McGraw-Hill Companies, Inc.

Why might you sue someone?

NAME _______________________________________ DATE _______________ CLASS _________

netw rks
Civil and Criminal Law
Lesson 1: Civil Law,

Explaining
2. Give an example of
a spoken contract.

Categorizing
3. Which branch of civil
law would apply in a
case in which one
sister sues another
over the possessions
or property given to
them after a family
member dies?

Copyright The McGraw-Hill Companies, Inc.

Vocabulary
4. A wrongful act that
causes injury to
another person is
called a _________.
What is another
name for this type of
case?

Mark the Text

5. Underline the
definition of
negligence.

Continued

Not all contracts have to be written. Some everyday

actions are contracts though no papers are signed. For
example, when a restaurant takes your order for food, a
contract is made. The restaurant has promised food. You
have promised to pay for the food. That is an example of
an oral, or spoken, contract.
Property law includes rules about the buying, selling, and
use of land or a building. For example, suppose someone
rents a house. The law says that the renter must take care
of the house while living in it. The owner must keep the
house in good shape for the renters use. Arguments may
arise over who should pay to repair, or fix, something that
is broken. For example, if the roof leaks, it is the owners
duty to make the repair. But, what if the renter does not
tell the owner the roof is leaking until there is major
damage? Who should pay for the repairs then? If the owner
and renter cannot agree, one might take the other to court.
Family law has to do with rules applied to family
relationships. For example, suppose a married couple is
getting a divorce. The way they split their property is a
matter of civil law. So is the question of how to divide who
will take care of any children they have. A court often
decides disputes over such issues. Deaths in a family can
also lead to property disputes. For example, people
sometimes disagree on who should be given possessions
or property when a family member dies.
Personal injury is another branch of civil law. These cases
are also called torts. A tort is a wrongful act that causes
injury to another person or damage to his or her property.
For example, a person throws a ball and breaks a window.
The flying glass cuts someone nearby. The injured person
can sue the person who threw the ball to make them pay
for the injury.
A tort may be intentional. This would be the case if the
person threw the ball at the window on purpose. But
suppose the thrower simply wasnt paying attention. Then
the tort would be a result of negligence (NEHglihJUHNTS).
Negligence is acting in a careless or reckless way. It
happens when someone does something a reasonable
person would not have done.

187

NAME

DATE

CLASS

netw rks
Civil and Criminal Law
Lesson 1: Civil Law,

Continued

Identifying
Branches
of Civil
Law

6. Fill in the diagram

with the four main
branches of civil law
that you just learned
about.

Reading
Check

The Legal Process in Civil Cases

Every lawsuit begins with a plaintiff. The plaintiff is the
person who brings the lawsuit. The defendant is the
person being sued.
First, the plaintiffs lawyer files a complaint with the
court. The complaint describes the wrong and the harm
that was done. It usually asks the court to order the
defendant to pay the plaintiff a sum of money, called
damages, to repay the plaintiff for the loss. It may ask the
court to order the plaintiff to take a certain action, such as
honoring a contract.

The defendants lawyer may respond to, or answer, the

complaint by filing an answer to the charges. Then both
lawyers gather evidence about the dispute. This step is
called discovery.
At this point, if one side seems likely to win, the other side
may offer to come to a settlement, or an agreement. If both
sides can agree on the terms, then a settlement is reached.
This can be done any time, even during the trial. But
because trials are so costly, people usually reach settlements
before trials start. Many civil cases never get to trial.
If the two sides do not settle, the suit goes to trial. First
the plaintiff presents evidence. Then the defendant presents
evidence. Each side sums up its case. Then the judge or a
jury reaches a verdict, or decision, in favor of one party.
If the defendant wins, the plaintiff gets nothing. In fact,
the plaintiff may even have to pay the defendants court
costs.

188

Listing
8. List the steps in the
civil legal process
that happen before a
case goes to trial.

Vocabulary
9. What is discovery?

Describing
10. Suppose a judge or
jury rules in favor of
the plaintiff. What
happens next?

Copyright The McGraw-Hill Companies, Inc.

Next, the court sends the defendant a summons. It tells

the defendant that he or she is being sued. It tells the
defendant when and where to appear in court.

7. Why do people file

lawsuits?

NAME _______________________________________ DATE _______________ CLASS _________

netw rks
Civil and Criminal Law
Lesson 1: Civil Law,

Reading
Check
11. What are
damages?

Continued

If the plaintiff wins and damages are involved, the judge

or jury sets the amount of damages. Sometimes a judge or
jury will also order the defendant to pay punitive damages.
This type of damages is meant to punish. Sometimes the
judge does not award damages. The judge may order the
defendant to take a certain action. The defendant can
appeal the verdict to a higher court. He or she may ask
to have the verdict overturned or to have the damages
reduced.

Steps in a Civil Lawsuit

Sequencing

Copyright The McGraw-Hill Companies, Inc.

12. Use the flow chart

to write the steps
in a civil lawsuit.
Add more boxes if
you need them.

13. Place a one-tab

Foldable along the
dotted line to
cover the Check
for Understanding
box. Label the
anchor Civil Law.
On both sides of
the tabs, list five
facts about civil
law.

Glue Foldable here

Check for Understanding

What are the two types of torts?

1.
2.
Explain the difference between a complaint and
a summons.
3.

189

NAME

DATE

CLASS

netw rks
Civil and Criminal Law
Lesson 2: Criminal Law
ESSENTIAL QUESTIONS
Why does conflict develop?
How can governments ensure citizens are treated fairly?

GUIDING QUESTIONS
1.

What does criminal law involve?

2.

What are the legal procedures in a criminal law case?

Terms to Know
crime an act that breaks the law and harms
people or society
penal code a state's written criminal laws
misdemeanor minor crime for which a
person can be fined a small sum of money or
jailed for up to a year
minor less serious or important
felony more serious crime such as murder,
rape, kidnapping, or robbery
illustration an example that helps make
something clear

sentence the punishment given to a

person found guilty of committing a crime
grant to allow
prosecution the government in the role of
the party who starts the legal proceedings
against someone accused of a crime
plea bargaining a process in which a
defendant agrees to plead guilty to a less
serious crime in order to get a lighter
sentence
cross-examination the questioning of a
witness at a trial to check or discredit the
witnesss testimony

What Do You Know?

Now...

Later...
What is criminal law?

Crime and Punishment

A crime is any act that breaks the law and harms people
or society. The type of law that deals with crime is called
criminal law. Criminal laws are rules for behavior. They
outlaw things like stealing, damaging property, or attacking
someone. All these actions are crimes.
Each state has a list of laws called a penal (PEEnuhl)
code. It describes every crime and the punishment that
goes with it. The federal government also has a penal code.
Examples of federal crimes are robbing a bank or committing
terrorism. Most crimes break state laws. So, most cases are
tried in state courts and most inmates are in state prisons.
More serious crimes receive harsher punishments.

190

Vocabulary
1. How are crime and
the penal code
related?
________________
________________
________________

Copyright The McGraw-Hill Companies, Inc.

In the first column, answer the questions based on what you know before you study.
After this lesson, complete the last column.

NAME _______________________________________ DATE _______________ CLASS _________

netw rks
Civil and Criminal Law
Lesson 2: Criminal Law,

Analyzing
2. Suppose someone
uses a gun to steal
$20 from a person.
Is this crime a
misdemeanor or a
felony? Why?

Reading
Check
3. What are the two
ways of classifying
crimes?

Continued

Crimes are classified in different ways. There are two broad

categories of crimes based on how serious they are. A crime
can be a misdemeanor (MIHSdihMEEnuhr) or a felony. A
misdemeanor is a minor, or less serious, crime. A person
can be fined a small amount of money or spend up to one
year in jail. For example, stealing a $40 shirt from a store is
a misdemeanor. A felony is a more serious crime. A person
who commits a felony is punished by spending at least one
year in prison. Robbing a store at gunpoint is a felony.
Crimes can be grouped as being against people or
property. Crimes against people include things like assault
and kidnapping. Crimes against people are seen as more
serious than crimes against property because they cause
harm to a person. Most crimes against people are felonies.
Crimes against property include things like theft and
vandalism. An illustration, or example, of vandalism is if
someone were to purposely throw a bucket of paint onto
a neighbors new car. If the value of what is stolen or
damaged is less than $100, the crime is a misdemeanor.
Otherwise it is a felony. It is also a felony if it involves the
threat or use of force against a person.

Copyright The McGraw-Hill Companies, Inc.

Most penal codes set minimum and maximum penalties

for each crime. Within those limits, a judge decides what
sentence, or punishment, a person will serve.

Listing
4. What purposes are
served by a criminal
sentence?

Vocabulary
5. What does the
prosecution do?

Some prisoners are able to get paroled, or released

early, after serving part of their sentence. Prisoners who
are granted, or allowed, parole must report to a parole
officer for the remainder of their sentence.
A prison sentence has a number of purposes. One is
simply to punish. Another purpose is to protect society by
keeping dangerous people locked up. A third is to serve as
a warning to others not to commit crime.
A sentence can also be used to change a persons
behavior. Many prisons have programs to educate and train
prisoners for jobs. Learning new skills prepares criminals to
become responsible citizens when they are released.

Criminal Case Procedure

In a criminal case, the government is always the plaintiff.
That is, the government is the party that brings charges
against a defendant. It is called the prosecution. This
means that it starts the legal process against the defendant
for breaking the law. During this process, the defendants
rights are protected by the Bill of Rights.

191

NAME

DATE

CLASS

netw rks
Civil and Criminal Law
Lesson 2: Criminal Law,

Continued

The diagram shows how the rules of due process are

followed.

Sequencing

The Criminal Case Process

arrest

first appearance before a judge

hearing

6. The diagram shows

how a criminal case
proceeds. Fill in the
empty boxes with
the missing steps.

Identifying
7. What are the steps
in a criminal case
before a hearing or
trial takes place?

verdict

Explaining
8. What do police have
to advise suspects
of when they arrest
them?

The suspect is then taken to a police station and a record

of the arrest is made. This is called a booking. The police
usually take a picture and fingerprints of the suspect.
Next, the suspect appears before a judge for a
preliminary hearing. The judge explains the charges. The
prosecution has to prove to the judge that there is probable
causeor a good reasonfor believing the accused is guilty
of the crime. If the suspect does not have the money for
a lawyer, the judge appoints one. If the crime is a
misdemeanor, the suspect pleads either guilty or not guilty.
If the plea is guilty, the judge sentences the suspect. If
the plea is not guilty, the judge sets a date for a trial.
If the crime is a felony, no plea is made. Instead, the
judge sets a date for a hearing to learn more about the
case. The judge also decides whether to hold or release the
suspect. A judge may have a suspect post bail, an amount
of money left with the court until the trial. Suspects can
also be released until their trial.

192

Describing
9.

What happens at
a preliminary
hearing?

Copyright The McGraw-Hill Companies, Inc.

A criminal case begins when the police believe a crime

has been committed. An arrest is made based on evidence.
Police collect evidence to convince a judge to let them
arrest someone for the crime. A judge issues an arrest
warrant for the suspect. When the police make an arrest,
they have to advise the suspect of their rights to remain
silent and to have an attorney.

NAME _______________________________________ DATE _______________ CLASS _________

netw rks
Civil and Criminal Law
Lesson 2: Criminal Law,

Reading
Check
10. Why are most
criminal cases
settled without
going to trial?

Describing
11. What happens
during crossexamination?

Copyright The McGraw-Hill Companies, Inc.

Drawing
Conclusions
12. Why do you think
judges consider a
defendants history
when sentencing?

13. Place a two-tab

Foldable along the
line. Label the
anchor Criminal
Cases: Arraignment.
Label the two tabs
guilty and not
guilty. On both
sides describe what
each plea means.

Continued

When that happens, the suspect promises in writing to

return to appear in court.
The next step is to indict, or charge, the accused with the
crime. Many states have a grand jury do it. Some use a
judge. The case is dismissed if there is not enough evidence.
If the case is not dismissed, the next step is the
arraignment. For a felony, the suspect is formally charged
and enters a plea of guilty or not guilty. The prosecution
and defense lawyers begin plea bargaining. This is a form
of compromise. The prosecution agrees to a less serious
charge. The defendant agrees to plead guilty. Many criminal
cases end with a plea bargain and never go to trial.
Defendants in a felony case can choose to be tried by a
jury or a judge. In a jury trial, the lawyers choose a jury
from a large group of citizens who have been called to serve.
The trial starts with an opening statement from each side.
Then each side presents its case. Each side offers evidence
and presents witnesses for questioning. This is called crossexamination. After their cases are given, each makes
closing statements.
In a jury trial, the judge explains to the jury how the law
applies. Then the jurors go into a room to review the case.
To find a defendant guilty, the jurors must be convinced
beyond a reasonable doubt. In other words, they must
decide that there is no other reasonable explanation except
that the accused committed the crime. In almost all states,
all the jurors votes must be the same to decide the verdict.
If a jury cannot agree, the judge will declare a mistrial.
A defendant who is found not guilty is set free. A guilty
defendant is given a sentence by the judge. Judges take
many things into account when sentencing. These include the
defendants criminal record and statements made by the
victims family. A person found guilty of a felony will often
appeal the verdict to a higher court.
Glue Foldable here

Check for Understanding

Give an example of a misdemeanor and a felony.

1.

2.

What two conditions must be met for a jury to

reach a guilty verdict?
3.

4.

193

NAME

DATE

CLASS

netw rks
Civil and Criminal Law
Lesson 3: The Juvenile Justice System
ESSENTIAL QUESTION
How can governments ensure citizens are treated fairly?

GUIDING QUESTIONS
1.

How has treatment of young criminal offenders changed?

2.

What procedures are followed when a young person breaks the law?

Terms to Know
rehabilitate to correct a persons behavior
emphasis weight or stress
juvenile delinquent a child or teenager who
commits a crime or repeatedly breaks the law
minor of comparatively less importance
delinquent offender a youth who has
committed a crime punishable by criminal law
status offender a youth charged with being
beyond the control of his or her guardian

custody taking charge, or control, of

someone in an official way
detention hearing the procedure by which
a judge decides whether to charge a juvenile
with an offense; like a preliminary hearing in
an adult trial
adjudication hearing the procedure used
to determine the facts in a juvenile case;
like a trial in criminal law
disposition hearing the sentencing in a
juvenile case

What Do You Know?

In the first column, answer the questions based on what you know before you study. After
this lesson, complete the last column.
Now...

Later...

What happens when a youth

breaks the law?

Juvenile Justice
At one time, children in this country who committed crimes
were tried and punished like adults. They were sent to
adult jails. They often served long prison terms.
This began to change in the 1800s. People began to
believe that juveniles committed crimes because their
families did not teach them proper values. Reformers
wanted a special court that would do the parents jobs.
Instead of punishing these children as adults, the court
would rehabilitate (REEuhBIHluhTAYT), or correct, their
behavior and teach them right from wrong.

194

Mark the text

1. Underline the text
that tells how the
treatment of children
who committed
crimes began to
change in the 1800s.

Copyright The McGraw-Hill Companies, Inc.

Is it less serious when a

youth breaks a law than an
adult?

NAME _______________________________________ DATE _______________ CLASS _________

netw rks
Civil and Criminal Law
Lesson 3: The Juvenile Justice System,

The first juvenile court was set up in Chicago, Illinois, in

1899. Today, every state has a juvenile court system. The
Supreme Court has ruled that children charged with crimes
have the same legal rights as adults. They have the right

Reading
Check

to be told the charges against them

Copyright The McGraw-Hill Companies, Inc.

2. What adult rights

has the Supreme
Court extended to
juvenile offenders?

Identifying
4. What can a juvenile
court do to help
children who suffer
from neglect?

Vocabulary
5. What is custody?

to an attorney
to cross-examine, or question, witnesses against them
to remain silent when questioned

Glue Foldable here

3. Place a two-tab
Foldable along the
line. Label the
anchor Juvenile
Delinquents. Label
the two tabs
Delinquent Offenders
and Status
Offenders. On both
sides, define each
term.

Continued

People continue to argue whether the goal of the juvenile

system should be punishment or rehabilitation. In the
1990s, public opinion began to change. The emphasis, or
weight, shifted back to punishment. Juvenile crime rates
had quickly risen. The public wanted law and order. The
legislatures took action by changing the laws. Now, in many
states, it is easier to try young offenders in adult courts.
Also, in most states, a juvenile charged with a felony can
be tried as an adult. Most states consider anyone under age
18 to be a juvenile. In some states the age is 16.
Children and teens commit many crimes each year. Some
crimes are minor, such as shoplifting. Other crimes such
as armed robbery are more serious. A juvenile delinquent
(JOOvuhNEYEuhl deeLIHNkwuhnt) is a young person
who commits a crime. There are two types of juvenile
delinquents. Delinquent offenders are youths who have
committed acts that would be crimes if done by an adult,
like stealing a car. Status offenders have committed acts
that would not be crimes if done by an adult. Examples
include skipping school or running away from home. Status
offenders do not listen to their parents or other adults;
they cannot be controlled by them. For this reason, the
court supervises, or takes control of, status offenders.

The Juvenile Court System

Juvenile courts handle two kinds of cases. They are neglect
cases and delinquency cases. Neglect cases concern young
people who are abused or not taken care of by their
parents or guardians. A juvenile court can remove these
children from their homes. The court places them with
other families.
Delinquency cases concern young people who break the
law. The legal process begins when the police take a young
person into custody. Custody is to take charge, or control,
of someone in an official way.

195

NAME

DATE

CLASS

netw rks
Civil and Criminal Law
Lesson 3: The Juvenile Justice System,

Continued

If the offense is not serious, the police may give the youth
a warning and release them to a caregiver. They may also
pass the case on to a social service agency.

Steps in a Juvenile Court Case

Step
1.

What Happens
Police bring a young offender into
confinement.

Identifying
6. Fill in the missing
boxes to show what
happens in a
juvenile court case.

Explaining
2.

A social worker reviews the case.

7. What happens
during intake?

3. detention
hearing
4.

Evidence is presented; witnesses are

questioned; the judge reaches a finding.

5. disposition
hearing

Defining
8. Some young
offenders receive
services and do not
have to go to court.
This is called
_______________.

Some young people receive services such as counseling

or drug treatment and do not have to go to court. This is
called diversion.
Youths who are still in the system after intake face up to
three hearings. The first is a detention hearing. This is
like a preliminary, or first, hearing in an adult trial. The
state must show that there is good reason to charge the
youth with the crime.

196

Reading
Check
9. What steps in the
juvenile court
system are similar
to a trial and to a
sentencing hearing
in the adult court
system?

Copyright The McGraw-Hill Companies, Inc.

If the offense is serious or the youth has a prior, or past,

record, the police may turn him or her over to the juvenile
court. A social worker reviews the case and decides how it
should be handled. This review is called intake. Some cases
are dismissed during intake. Others are sent to adult court.

NAME _______________________________________ DATE _______________ CLASS _________

netw rks
Civil and Criminal Law
Lesson 3: The Juvenile Justice System,

If the youth is charged, the next step is an adjudication

(uhJOOdihKAYshuhn) hearing. This is like a trial in an
adult case. Each side has an attorney. Evidence is
presented and witnesses are questioned and crossexamined. A judges finding that the juvenile is delinquent
is like a guilty verdict.
A disposition hearing is next. This is like a sentencing
hearing for an adult. Some youths receive probation. They
are allowed to stay free as long as they meet the conditions
of the court for a set period of time. Examples of those
conditions are doing community service or completing a
drug treatment program. For youths who finish the
conditions of probation without getting into more trouble,
the charges are dropped and taken off their record.
For serious crimes, a youth may be sent to an institution
for young offenders. Most delinquents serve from one to
three years. In some states they can be held until age
18 or 21.

Check for Understanding

Glue Foldable here

Copyright The McGraw-Hill Companies, Inc.

10. Place a Venn

diagram Foldable
along the dotted
line to cover the
Check for
Understanding
box. Label the
anchor tab
Juvenile Court
System. Label the
three tabs Neglect
Cases, Both, and
Delinquency cases.
On both sides of
the tabs, list two
facts about neglect
cases and
delinquency cases.
Then write what
they have in
common on the
middle tab.

Continued

Compare the treatment of youth offenders before

the mid1800s to how they are treated today.
1.

What two kinds of cases does the juvenile court

system see?
2.
3.

197