Introduction to Law

Objectives Learn the key differences between civil and criminal law and cases Understand the different standards of proof that apply in each type of case Understand key principles of constitutional government, including: Limited government Federalism Separation of powers Checks and balances Judicial Review

Types of Law in the U.S. Two primary groups: Civil Criminal How are they different?

Types of Law in the U.S. Criminal law—regulate public conduct and define duties owed to society Criminal cases: Are brought by a government (prosecutor) against a defendant Seek to impose punishment (fine, jail/prison term, probation) Involve the highest standard of proof—”beyond a reasonable doubt” Examples of crimes? Misdemeanor vs. felony—what is the distinguishing factor?

Types of Law in the U.S. Civil law—regulate relations among individuals, groups and organizations Civil cases: brought by individuals or groups (plaintiff) against other individuals/groups who have wronged or injured the plaintiff (defendant) Relief sought is usually money damages What other sorts of relief might be sought? Standard of proof—preponderance of the evidence Examples?

Types of Law in the U.S. Discussion questions: Can both a criminal case and a civil case arise from the same set of facts? What does “beyond a reasonable doubt” mean? What does “preponderance of the evidence” mean? Can the result differ in a criminal and civil case based on the same facts? Why? Problem 1.7

Important Constitutional Concepts The United States Constitution: Defines the relationship between national and state governments Lists the powers governments have and some that they don’t Guarantees numerous individual freedoms against government interference Examples?

Important Constitutional Concepts Limited government: Government has only those powers granted by the people National vs. State power? National—enumerated (plus “necessary and proper”) Commerce Clause! State—reserved—10 th Amendment

Important Constitutional Concepts Separation of powers Checks and balances Examples? Judicial review—what is it? Power to declare actions by government unconstitutional (void) Landmark case? Marbury v. Madison (1803) Federalism Amendments? Hard to change! Why?