WHAT IS LAW? TM

Jurisprudence . The study of law and legal philosophy TM

Laws and Values Law generally reflect and promote a society’s values Our legal system is influenced by what society considers to be right and wrong ***However everything that is immoral is not criminal

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

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 : Regulate public conduct and set 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. 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: Regulate 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 law suit 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

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 OJ Simpson was acquitted In a civil case, the plaintiff wins by convincing the jury by a preponderance of evidence The jury must be 51% convinced that the defendant is at fault OJ Simpson was found at fault in civil case and ordered to pay damages

Trial: Burden of Proof Difference burden depending on the nature of the case. CIVIL CASE CRIMINAL CASE Preponderance of the Evidence. 51% ? Beyond a reasonable doubt. 99% ?

HOLDING OF Cases Holding: the ruling of the court Dudley and Stephens: one cannot deliberately take the life of another to save oneself. Kitty Genovese Case: Bystanders do not have a duty to act when witnessing a crime.