law and society introduction to law-chapter 1. what is law? historical origins civil law ...
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Law and SocietyINTRODUCTION TO LAW-CHAPTER 1
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
Exxon Shipping Co. v. Baker
Page 4
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 Driver A Criminal Case A 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 appeal Either side can usually appeal.
Statute of Limitations
Page 5
Maples v. Thomas
Page 7
Marshall v. Marshall
Page 7
Silvers v. Stein and People v. Stein
Page 9
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