Law Equity for Engineers

CONSTRUCTION & ENGINEERING LAW MEM 620 © 2015 Robert H. Raymond – All Rights Reserved

LAW & EQUITY - PARTIES: THEIR NATURE AND RELATIONSHIPS

1. The law may be thought of as agreed standards of conduct, and the methods of enforcing acceptable behavior and of sanctioning misbehavior.

2.1. CRIMINAL LAW:

2.2.1. Addresses wrongs against society as a whole

2.2.2. Prosecution is by the state/government

2.2.3. Redress may be by loss of life, liberty or property

2.2.4. Burden of Proof is “beyond a reasonable doubt”

2.2. CIVIL LAW:

2.3.5. Addresses wrongs against individuals (Note: the “individuals” may be collectives, such as corporations, governmental bodies, etc.), not society as a whole

2.3.6. Prosecution is by the individual who was wronged

2.3.7. Redress is usually only by loss of property

2.3.8.1. In some instances, liberty interests may be implicated by compulsory action or restriction of action. See: Injunctions. See also Civil Commitment

2.3.8. Burden of proof is less than “beyond a reasonable doubt”, usually it is a preponderance of the evidence, but may be “clear, cogent and convincing” evidence.

2.3.9. NB: A defendant is not “guilty” of committing a tort. The word “guilt” is exclusively a criminal law concept and does not apply to civil wrongs. A civil defendant may be liable on judgment for committing the tort, but is not guilty of that tort. Use the word “liable”, not “guilty” when speaking of civil wrongs.

2.3.10. TYPES OF CIVIL LAW (Non Exclusive Examples – Types of Civil Law):

2.3.11.2. Torts

2.3.11.3. Contracts

2.3.11.4. Statutory regulation, obligations or restrictions

2.3.11.5.1. Consumer Protection Laws

2.3.11.5.2. Contractor Registration Statutes...