WHAT IS LAW? TM

Jurisprudence . The study of law and legal philosophy TM

Laws and Values Laws generally reflect and promote society’s values. Our legal system is influenced by what society considers to be right and wrong. **However, note that everything that is immoral is not criminal. Consider that morality is individual in nature. For example, a person may not agree with the death penalty but it is legal in Florida.

Goals of our Criminal Justice System Promote order and stability Protect the rights of minority Protect basic human rights Promote fairness Help resolve conflicts Promote desirable social and economic behavior- representing the majority

Balancing Rights with Responsibilities With every right there is a responsibility Tried by a Jury of peers = Serve on Juries Governed by elected officials = Vote Have children = Provide for children Drive vehicles = Obey traffic laws Freedom of speech = Refrain from hateful and destructive comments Police protection = Pay taxes

Kinds of Laws Criminal Law : 2 Types of Crimes: Regulates public conduct and sets out duties owed by society. A criminal case is a legal action that can only be brought on by the government against a person charged with committing a crime [Prosecutor = attorney for the government]. The person accused of the crime is called the defendant. Criminal laws have penalties and offenders are imprisoned, fined, placed under supervision or punished in some other way. 2 Types of Crimes: Felony: Penalty is a term of more than one year in prison Misdemeanor: Penalty is a term of a year or less in prison

Civil LAW Civil Law: Regulates relations between individuals and groups of individuals in society. A civil case is brought by the plaintiff (the person that has suffered an injury). Civil Action (a.k.a =lawsuit): A case that can be brought on by an individual who feels wronged or injured by another. Class action: A law suit brought on by a group of people who feel to be wronged by a private corporation or government entity (i.e.: smokers v. cigarette companies)

Lawsuits Why does a person bring forth a lawsuit? They have suffered a wrong They would like to establish liability Obtain a judgment $$$$$$$

Burden of Proof In a criminal case, the burden of proof lies with the prosecutor The prosecutor must prove their case beyond a reasonable doubt The jury must be 99% convinced that the defendant committed the crime This is why OJ Simpson was acquitted in the criminal case—the jury had doubt. In a civil case, the plaintiff wins by convincing the jury by a preponderance of evidence that defendant committed the harm. The jury must be 51% convinced that the defendant is at fault OJ Simpson was found at fault in the civil case involving the same matter as the criminal one and ordered to pay damages/$$$$ because the victim’s family had a stronger case than O.J.

Trial: Burden of Proof Different burden depending on the nature of the case CIVIL CASE CRIMINAL CASE Preponderance of the Evidence. 51% ? Plaintiff simply needs to have a better case than defendant. Beyond a reasonable doubt. 99% ? Prosecution must convince the jury that defendant is guilty w/o a doubt.

HOLDING OF Cases Holding: the ruling of the court (usually an appellate court). The Holding in Dudley and Stephens: one cannot deliberately take the life of another to save oneself. (The ruling/holding becomes common law). The Holding in the Kitty Genovese Case: Bystanders do not have a duty to act when witnessing a crime. **Hence you can witness a person being stabbed in front of you and you can simply go on your way and not be required to help or even notify the police.

Vocabulary Chapter 1 Law Human Rights & Universal Declaration of Human Rights (UDHR) Reservations Criminal Laws: Felonies & Misdemeanors Prosecutor Beyond a reasonable doubt Statutes Checks and Balances Veto Unconstitutional Federalism Civil Laws Civil Action Plaintiff & Defendant Preponderance of the evidence Limited Government Separation of powers Judicial Review Bill of Rights US Constitution Amendment 1 (Freedom of Speech)