The continuity of the Law Introduction to Law The continuity of the Law

Common Law “In early years, before there were universal laws and legislatures, who do you think made the laws?” Courts made the laws – we call those laws, judge-made laws.

Law comes from courts as well as legislatures The law that comes from courts is called Common Law. The laws that the courts write come in cases, which are like stories. These cases have a variety of elements including facts, a rule and an application of that rule to facts, the holding, or decision of the case. decision-who gets what.

Stare Decisis = Stand by a decision It’s also what we call precedence. When one court makes a decision it is precedent – it stands – subsequent courts must follow that decision until another higher court makes a different ruling.

Kinds of Law Civil Law – penalties requiring the offender (defendant) to pay money, or to do or not do a specific act to or for the person bring the suit (plaintiff) Example – a person buys a can of food at the grocery store and because there is something wrong with it becomes ill...the manufacturer and possibly the grocery store will have to pay for the medical bills and other damages.

Kinds of Law Criminal laws – have penalties requiring that offenders go to jail or pay a fine or both. Felony=penalty is prison term of more than 1 year Example - kidnapping Misdemeanor=penalty is a prison term of one year or less Example – disturbing the peace

Steps in a Jury Trial

The United States Constitution says, "The trial of all crimes . . . shall be by jury" (Article III, Section 2) "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury" (Amendment 5) "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed" (Amendment 6) "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved" (Amendment 7)

STEPS IN A JURY TRIAL Selection of the Jury The Trial The Judge's Charge Deliberation The Verdict

QUALIFICATIONS TO SERVE AS A JUROR To be eligible for jury service, you must be at least 18 years of age, a citizen of the United States, a resident of the county in which you are to serve as a juror, and you must be able to communicate in English. If you have ever been convicted of a felony, you must have had your civil rights restored.

HOW ARE JURORS CHOSEN? First, your name was selected at random from voter registration and driver's license and "identicard" records. Then, your answers to the juror questionnaire were evaluated to make sure you were eligible for jury service You were chosen because you are eligible and able to serve. You are now part of the "jury pool"-a group of citizens from which trial juries are chosen.

STEPS IN A JURY TRIAL Selection of the Jury Jurors called for the voir dire. Jurors challenged, for cause and peremptory. Challenged jurors return to the jury room and the selected jurors are sworn. Voir Dire - (French for "to speak the truth") The process by which citizens are questioned before being selected to hear evidence as jurors.

STEPS IN A JURY TRIAL 2. The Trial The Judge may deliver remarks to the Jury. The attorneys give their opening speeches.

STEPS IN A JURY TRIAL 2. The Trial Prosecution presents their case first. Burden of Proof Criminal - “beyond reasonable doubt” standard that must be met by the prosecution's evidence that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty. Civil – “preponderance of evidence” more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.

STEPS IN A JURY TRIAL 2. The Trial (cont’d) Witnesses are called for direct and cross-examination and exhibits are presented. When all of the evidence has been presented, the attorneys give summing up, or closing arguments.

STEPS IN A JURY TRIAL 3. The Judge's Charge The Judge instructs the jury as to what laws apply to the case and what those laws mean.

STEPS IN A JURY TRIAL 4. Deliberation The jury goes into a private room to discuss the case and reach a decision. They may talk to no one except the Judge if they have questions.

STEPS IN A JURY TRIAL 5. The Verdict The jury returns to the courtroom and the foreperson announces the decision. The attorneys may ask that the jury be polled.

Appeals to Verdict Question of Law – decided by the judge Judge rules on a legal point in a trial Question of Fact – decided by a jury in a jury trial, by a judge when there is no jury Jury decides based on the evidence present if something did or did not occur Only Questions of Law can be appealed if it is believed the judge made a mistake in the application of the law.

Question of Fact or Law? John crashes his car into the back of Billy’s car. Billy sues John for damages. At the trial in the Municipal Court, the jury decides that Billy stopped his car suddenly without signaling and therefore the accident was Billy’s fault as well as John’s. Neither will be awarded damages. Was this a question of fact or law? Could Billy appeal the decision?

Question of Fact or Law? Judge Smith rules that Miller, a landlord, does not have to fix his apartments to comply wit the Housing Regulations (which were passed by the City Council) because the City Council had no power to pass these regulations. Is this a question of fact or law? Can the tenant appeal the decision?