Presentation on theme: "Law and Society INTRODUCTION TO LAW-CHAPTER 1. What is Law? Historical Origins Civil Law Constitutions Codes Common Law Precedent Stare decisis."— Presentation transcript:
What is Law? Historical Origins Civil Law Constitutions Codes Common Law Precedent Stare decisis Philosophical Theories Jurisprudence Natural Theory of Law Legal Positivism Legal Realism
Categories of Law Source of Law Constitutional Law Statutory Law Case Law Substantive and Procedural laws Substantive Laws Define Rights and Obligations Procedural Laws Enforce Rights and Obligations Criminal and Civil Laws Criminal Laws Due Process Civil Laws Contracts Torts Corporations Family Law Jurisdiction
Court Procedures Preponderance of the evidence Liable Indigent Burden of Proof Beyond a Reasonable Doubt Acquitted Hung Jury
Criminal v. Civil Court Procedures A Drunk DriverA Criminal CaseA Civil Case The Case A government prosecutor files criminal charges against the drunk driver. An injured victim is a witness in the case. A party injured in the crash files a lawsuit against the drunk driver asking for money and damages. The Court Often depends on whether the case is a misdemeanor or a felony. Often depends on how much money is sought. A Jury Under the Constitution, the defendant has a right to a jury in criminal cases where the punishment exceeds 6 months. Where a party seeks money damages, both sides are often entitled to a jury. Attorneys An indigent defendant is entitled to court appointed counsel. Each party must bear his or her own attorney costs. Burden of Proof The prosecutor must prove the defendant guilty beyond a reasonable doubt. The plaintiff must prove his or her case by a preponderance of the evidence. Verdict The defendant is found guilty or is acquitted. The defendant is found liable or not liable. Punishment A guilty defendant can be fined or jailed.Damages are assessed against the liable defendant. Appeal Only the defendant can appealEither side can usually appeal.
Roper v. Simmons What role did societal values play in the Court’s decision in the case? What role did the Eighth Amendment to the U.S. Constitution play in the Court’s decision in the case?
Terms Law, Civil Law, Common Law, Constitution, Code, Precedent, Stare Decisis, Jurisprudence, Natural Theory of Law, Legal Positivism, Legal Realism, Substantive Laws, Procedural Laws, Tort, Statute of Limitations, Crime, Rules of Court, Due Process Law, Jurisdiction, Preponderance of the Evidence, Liable, Indigent, Burden of Proof, Beyond a Reasonable Doubt, Acquittal, Hung Jury, Syllabus