Principles of Law 1

Jurisprudence = the study of law and legal philosophy. 2

Law (def’n) = the rules & regulations made & enforced by gov’t → regulate the conduct of people w/in a society. 3

L AW (2 kinds) 1.C RIMINAL 2.C IVIL 4

C RIMINAL = regulate public conduct & duties owed to a society = a legal action brought by the government (Prosecutor) against a person charged with committing a crime – = Defendant (person accused of committing a crime.) Has Penalties: 5

T YPES 1.Felony: a serious crime: a crime for which the punishment in federal law may be death or imprisonment for more than one year 2.Misdemeanor a lesser crime for which the punishment is imprisonment for less than one year 6

P ENALTIES imprisonment fines placed under supervision other 7

Penalties 2 T YPES 1. F ELONY > 1 year in prison More serious crimes 2. M ISDEMEANOR < 1 year in prison less serious 8

R.I.G.L. 9

Parties P ROSECUTOR = gov’t lawyer – Attorney General – District Attorney Defense Attorney – Public Defender – Private Attorney – Appointed Attorney a/k/a Counsel, Litigator Defendant – Person accused of a crime (can be either criminal or civil) 10

Parties J UDGE = “finder of Law” – Keeps Courtroom in order – Ensures Rules and Law are followed in the Courtroom – Ensures Rules of Evidence are followed Jury “finder of Fact” – Listens to testimony & evidence – Determines truth or falsity of Facts and Witnesses – Determines Guilt or Innocence Bench Trial – Where the judge determines Facts and Law 11

Both → can violate both criminal & civil law 12

C IVIL Private action regulate relations b/w individuals or groups of individuals Punishments = usu. $$ – (other remedies) 13

C IVIL Action ( A / K / A L AWSUIT ) → can be brought by a person who feels wronged OR injured by another person 14

C IVIL LAWS REGULATE : MarriageInsurance DivorceConsumer protection ContractsConsumer Goods * Real estateNegligence

C IVIL LAWS : The suit is brought by Plaintiff (person harmed) against Defendant (alleged wrongdoer) 16

B URDEN OF P ROOF Criminal = Beyond a Reasonable Doubt – Much higher standard – Not 100 % – If = any “reasonable” doubts → can’t convict Civil = Preponderance of the Evidence – Lower standard – 51 % 17

Law-making 18

Laws Sources Federal & state gov’t Constitutions Legislatures Voters – Voter Initiative – Referendum Administrative agencies Courts (appeals) 19

Legislature = Primary law making body 2 houses (bi-cameral) Senate = 100 members House of Representatives = 435 members U.S. Constitution  Congress power to pass laws = binding on people in every state State’s laws = binding only w/i borders 20

Vocabulary Statutes – legislature-made laws Bill - a draft of a proposed law being considered by a legislature. Legislative Intent - what lawmakers who passed a law wanted the law to mean If the language of the law is unclear, judges will often look at the legislative intent to help them interpret the law. 21

Vocabulary Agency - an administrative division of a gov’t est’d to make & carry out certain laws – EPA, OSHA, DEM, RIDOE, DOT, TSA – Public Hearings – Federal Register 22