Introduction to Law BBS Basic Legal Concepts Introduction to Law BBS

Jurisprudence How does the law work? What philosophy of law should the modern legal systems pursue? Natural Law- Law comes from a higher power. There are limits to manmade law but all humans have inherent rights. Legal Realism-Law is decided by Judges, Lawyers, Police etc (People who work in the system) Legal Positivism- Law is shaped to meet the demands of society.

Criminal Law Essentials Habeas Corpus- The Prosecution has to have proof that a crime has been committed before indicting an individual. Mens Rea- Almost all crime require guilty parties to possess Mens Rea (guilty state of mind). This means they need to have intentionally broken the law. All laws are connected to the Universal Declaration of Human Rights

Bill of Rights All citizens have the right to freedom of religion. All citizens have the right to freedom of speech and press. All citizens have the right to freedom of assembly. All citizens have the right to bear arms. All citizens have the right to be secure against unreasonable searches and seizes. Warrants to search and seize require law enforcement to prove probable cause.

Bill of Rights Continued 5th Amendment- guarantees due process. Also outlaws double jeopardy and guarantees right not to self- incriminate. Right to trial by jury Equal protection clause- government cannot deny constitutional rights and freedoms to certain demographic groups without establishing legal basis for doing so.

Types of Legal System Common Law: UK, USA, Canada, Australia, New Zealand, South Africa. Common law is the legal tradition which evolved in England from the 11th century onwards. Its principles appear for the most part in reported judgments, usually of the higher courts, in relation to specific fact situations arising in disputes which courts have adjudicated. The common law is usually much more detailed in its prescriptions than the civil law. This allows for continual evolution of law by the judiciary.

Types of Legal Systems Civil law: Europe, India, Kuwait (Civil/Sharia) Civil law may be defined as that legal tradition which has its origin in Roman law, as codified in the Corpus Juris Civilis of Justinian,[20] and as subsequently developed in Continental Europe and around the world. Civil law eventually divided into two streams: the codified Roman law (as seen in the French Civil Code of 1804 and its progeny and imitators - Continental Europe, Québec and Louisiana being examples); and un- codified Roman law (as seen in Scotland and South Africa). Civil law is highly systematised and structured and relies on declarations of broad, general principles, often ignoring the details

Types of Legal System Continued Sharia Law is based on Islamic beliefs. Chinese law is based on civil law and Confucian principles.

Criminal Law Cases are brought by a government prosecutor against a defendant Every defendant has a right to a trial by jury and be represented by legal counsel. The burden of proof rests with the prosecution. They have to prove defendant’s guilt beyond a reasonable doubt

Civil Law Lawsuits are brought by a plaintiff against a defendant. Defendants do not have the right to paid legal counsel. Burden of proof still rests with the prosecution. They have to prove the defendant’s guilt with a preponderance of doubt.