How are laws made?
Law is made by both the legislature and the courts.
This occurs at both the state and federal levels. Law
made by a judge in deciding cases is called common law.
Decisions made by judges may be written and published
in books and may be relied upon by lawyers and others
in cases with similar facts. Judges or courts only have
the power to make laws regarding cases presented before
the court for a decision.
What happens after a law is passed?
Where legislatures have passed laws, courts must follow
their laws unless the law violates the constitution. In
many situations, when the law is unclear or does not adequately
cover the facts of a case, the court will have to interpret
the law.
How does the constitution affect laws?
Laws must not violate the constitution. The United States
Constitution guarantees such things as the right to free
speech, freedom of religion, and due process of law, which
means the right to notice, and in most cases, a trial
before one can be deprived of liberty or property.
What is the difference between civil and criminal law?
There is an important distinction between criminal
laws and civil laws. Generally, in a criminal case, the
case is brought by the government against an individual.
The government brings criminal charges in order to protect
society, punish the offender, or deter others from similar
action. Civil law, or common law is generally used to
help private citizens or businesses resolve disputes.
For example, if you are in an automobile accident that
was another driver's fault, you may sue the other driver
for money damages. The person who files a lawsuit is referred
to as the "plaintiff" and the person being sued is the
"defendant."
What happens in a criminal case?
The United States Constitution states that an individual
charged with a crime is presumed innocent until proven
guilty. In addition, if an individual is charged with
a crime for which loss of freedom may be imposed as a
penalty, the accused has the right to have a court appointed
attorney if the individual cannot afford an attorney.
The government attorney is sometimes called "the prosecutor"
or "District Attorney" or "U.S. Attorney." Penalties for
committing a crime vary with the seriousness of the crime
and may include death (for aggravated murder), imprisonment,
probation, or fines. The legislature sets forth sentencing
guidelines, which help determine the punishment.
What happens in a civil case?
In a civil case, the plaintiff usually asks for money
damages from the defendant, or asks the court to order
the defendant to do something or not to do something from
taking certain action. In a divorce case, the person filing
the complaint may be asking the court to declare that
the marriage is over, divide the marital property, determine
child or spousal support, and resolve issues regarding
custody and visitation of minor children. People are not
sentenced to jail in a civil case unless, in a specific
situation, a defendant willfully fails to obey a court
order. When a civil lawsuit is filed with the court, the
plaintiff must have a "summons" served on the defendant.
The "summons," which also includes a copy of the complaint
filed with the court, is delivered to the defendant. In
Oregon, the defendant has 30 days to file a paper called
an "answer" or "motion" with the court. If the defendant
fails to file an answer or motion, the plaintiff may automatically
win. Sometimes, the time period to respond to a summons
is shorter. If you are served with a summons, read it
carefully to determine what action must be taken and when.
You should consult with an attorney for advice and assistance
in filing an answer to the summons and complaint.
What is Juvenile Court?
The Juvenile Court has authority over juveniles who commit
acts which would be crimes if committed by adults. Under
Oregon law, a juvenile is anyone under the age of eighteen
who has not been legally emancipated. Some more serious
crimes committed by a juvenile are now automatically deferred
to adult court under recent legislation. The Juvenile
Court's jurisdiction also extends to juveniles who misbehave
in some ways which would not be criminal if done by an
adult. The Juvenile Court also has authority over
juveniles who are dependent or have been abandoned by
parents or subject to cruelty. This constitutes dependency
jurisdiction. In circumstances of abuse, abandonment or
neglect, juveniles may be made wards of the court and
removed from the home temporarily or permanently. For
more information on foster care and termination of parental
rights, check
here.
What about Small Claims Court?
Small claims court is a court in which disputes involving
less than $3,500 are decided quickly and economically.
The hearings are informal, and you do not need a lawyer.
In fact, lawyers are allowed to represent people in small
claims court only with special permission from the judge.
Your lawyer can help you get ready for your small claims
court case, organize your evidence for you, and advise
you on what to say. For more information on small claims
court, refer to Tel-Law topic Small
Claims Court.
What is a subpoena?
If you have received a legal document called a subpoena
from a process server, it is important that you know what
a subpoena is and what it means to you. A subpoena is
an order, issued by the court, that requires you to appear
in person at a certain place date and time to testify
as a witness about a particular case. You are required
to appear at that place on the date and time listed on
the subpoena. Should you fail to appear as directed by
the subpoena, you could be found in contempt of court,
which could lead to a jail term. For more information
on subpoenas, read What
is a Subpoena?
What does it mean to be a witness in a lawsuit?
A witness in a lawsuit has a very important job. As
a witness, you must tell the truth to your best ability.
A witness who knowingly does not tell the truth is subject
to criminal prosecution. The lawyer calling you as a witness
or other lawyers involved in the case may discuss the
case with you before the trial. There is nothing improper
about this. It is the lawyer's job to try to find out
before the trial what you know about the case. He/she
can explain courtroom procedures to you. However, you
do not have to talk to the lawyer before the trial if
you do not wish to. For more information on being a witness,
read What
You Should Know About Being a Witness.
What happens on jury duty?
Oregon's lawyers and judges have prepared the Handbook
for Jurors. This handbook, produced by the Oregon
State Bar, provides an overview of the jury selection
and examination processes; the stages of a trial; evidence
and objections to evidence; conduct of jurors in and out
of the jury room; an explanation of different state and
federal courts; and a glossary of legal terms of the court.
If I need a lawyer, how do I find one?
If you have questions about your legal rights and responsibilities,
contact an attorney. For information on finding an attorney,
go to How
to Find Legal Help in Oregon. For information
on working with a lawyer, read the OSB's legal links
pamphlet, You
and Your Lawyer.