Laws ● Roman Law ● British Common Law ● Civil Law ● Criminal Law ● Admiralty Law ● International Law ● Cannon Law

Law ● Common law ● Often unwritten ● Accepted behavior ● Case law ● Established by judicial decisions ● A record of court case ● Codified law ● Established by organized political structures ● Agreed to by treaties

Corpus Juris ● The collected law of a political entity ● Corpus Juris Civilis ● Emperor Justinian I ● Collection of all legal materials ● Collection of all imperial constitutions ● Revived Roman law ● 529 – 534 AD ● Lost for half a century

Corpus Juris ● International law ● Federal ● Constitutional law ● Statutory law ● State & Local ● Criminal law ● Case law ● Civil law

Federal Laws ● Cover Interstate affairs ● USC Titles ● United States Code ● 50 Titles ● Amended through Congressional action ● Administrative Rules ● Implementation of the USC Titles ● Amended through Departmental action

Constitution ● Basis of US government ● No other law, criminal nor civil, may violate it ● Based on: ● British common law ● Kant, Mill, Locke, Rousseau ● Changed only through Amendments ● 27 so far ● he Constitution he Constitution ● ill of Rights ill of Rights

USC Titles * TITLE 1--GENERAL PROVISIONS * TITLE 2--THE CONGRESS * TITLE 3--THE PRESIDENT * TITLE 4--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES * TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES * TITLE 6--SURETY BONDS [REPEALED] * TITLE 7--AGRICULTURE * TITLE 8--ALIENS AND NATIONALITY * TITLE 9--ARBITRATION * TITLE 10--ARMED FORCES * TITLE 10A--ARMED FORCES (APPENDIX) * TITLE 11--BANKRUPTCY * TITLE 12--BANKS AND BANKING * TITLE 13--CENSUS * TITLE 14--COAST GUARD * TITLE 15--COMMERCE AND TRADE * TITLE 16--CONSERVATION * TITLE 17—COPYRIGHTS * TITLE 18--CRIMES AND CRIMINAL PROCEDURE * TITLE 19--CUSTOMS DUTIES * TITLE 20--EDUCATION * TITLE 21--FOOD AND DRUGS * TITLE 22--FOREIGN RELATIONS AND INTERCOURSE * TITLE 23--HIGHWAYS * TITLE 24--HOSPITALS AND ASYLUMS * TITLE 25--INDIANS * TITLE 26--INTERNAL REVENUE CODE

USC Titles * TITLE 27--INTOXICATING LIQUORS * TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE * TITLE 29--LABOR * TITLE 30--MINERAL LANDS AND MINING * TITLE 31--MONEY AND FINANCE * TITLE 32--NATIONAL GUARD * TITLE 33--NAVIGATION AND NAVIGABLE WATERS * TITLE 34--NAVY [REPEALED] * TITLE 35--PATENTS * TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS * TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES * TITLE 38--VETERANS' BENEFITS * TITLE 39--POSTAL SERVICE * TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS * TITLE 41--PUBLIC CONTRACTS * TITLE 42--THE PUBLIC HEALTH AND WELFARE * TITLE 43--PUBLIC LANDS * TITLE 44--PUBLIC PRINTING AND DOCUMENTS * TITLE 45--RAILROADS * TITLE 46--SHIPPING * TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS * TITLE 48--TERRITORIES AND INSULAR POSSESSIONS * TITLE 49--TRANSPORTATION * TITLE 50--WAR AND NATIONAL DEFENSE

● Criminal law ● Statutes enacted by the appropriate governing body ● Case law – precedent ● Collection of all previous judicial cases ● Civil law ● Torts ● Contracts State/Local Law

Civil Statutes ● Civil laws define torts ● A tort is a civil wrong as defined by a civil law ● Plaintiff – harmed party ● Respondent – harming party ● Much case law ● The wronged party may be entitled to compensation ● The respondent may have to perform community service ● The respondent may have to cease and desist some action

Criminal Statutes ● Criminal laws define illegal behavior ● Criminal acts ● Injured party/victim is represented by a government official ● Guilty party is fined and/or must serve jail time – Misdemeanors – less than a year in jail – Felonies – more than a year in jail ● British law – death, mutilation, or forfeiture of lands

Precedence of Laws ● Federal law takes precedence over State law ● State law takes precedence over Local law ● In the US International law is a matter of convenience or inconvenience ● Jurisdictional issues ● Precedence issues

Legal Process ● Warrant issued ● Arrested ● Indicted ● Arraigned ● Tried ● Convicted ● Sentenced ● Jailed ● Released

Burden of Proof ● Throughout the criminal legal process the burden of proof rests on the plaintiff ● The accused always retains the right to defend themselves ● Criminal ● Guilt beyond a reasonable doubt ● Civil ● Guilt by a preponderance of the evidence

Levels of Culpability ● Intent ● Intended the result to occur ● Knowledge ● Aware of the result but did nothing to prevent it ● Recklessness ● Aware there was a high probability the result would occur ● Negligence ● Should have known

Criminal Liability ● Guilty Act - actus reus ● Guilty mind - mens rea actus non facit reum nisi mens sit rea An act does not make a person guilty unless their mind is also guilty. Institutes, Edward Cooke, 1797

actus reus ● The Physical Element ● The guilty act ● Context – time and general circumstances ● Characteristics of the offense – Dishonestly, willfully, knowingly ● Consequences – Injured, suffered loss, died

mens rea ● Fault Elements ● The guilty mind ● The mental element of the alleged crime ● General classes – Intentionally – Knowingly – Recklessly – Negligently ● Ignorance of the law is no excuse

Existence of mens rea ● Requisite mental capacity at the time of the alleged act ● Confession ● A reasonable person would have the mental element in similar circumstances ● A similar person would know the effect of his actions ● Motive ● Points to intention