WHAT IS LAW? TM

Jurisprudence. The study of law and legal philosophy

Laws and Values Law generally reflect and promote a society’s valuesLaw generally reflect and promote a society’s values Our legal system is influenced by what society considers to be right and wrongOur 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 rightsProtecting basic human rights Promoting fairnessPromoting fairness Help to resolve conflictsHelp to resolve conflicts Promote order and stabilityPromote order and stability Promoting desirable social and economic behavior representing the majorityPromoting desirable social and economic behavior representing the majority Protecting the rights of the minorityProtecting the rights of the minority

Balancing Rights with Responsibilities With every right there is a responsibilityWith every right there is a responsibility Tried by a Jury of peers = Serve on JuriesTried by a Jury of peers = Serve on Juries Governed by elected officials = VoteGoverned by elected officials = Vote Have children = Provide for childrenHave children = Provide for children Drive vehicles = Obey traffic lawsDrive vehicles = Obey traffic laws Freedom of speech = Refrain from hateful and destructive commentsFreedom of speech = Refrain from hateful and destructive comments Police protection = Pay taxesPolice protection = Pay taxes

Kinds of Laws Criminal Law : Criminal Law : Regulate public conduct and set out duties owed by societyRegulate 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 crimeA criminal case is a legal action that can only be brought on by the government against a person charged with committing a crime The person accused of the crime is called the defendantThe 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.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 Felony: Penalty is a term of more than one year in prison Misdemeanor: Penalty is a term of a year or less 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 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)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 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 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 wrongThey have suffered a wrong They would like to establish liabilityThey would like to establish liability Obtain a judgmentObtain a judgment

Burden of Proof In a criminal case, the burden of proof lies with the prosecutorIn a criminal case, the burden of proof lies with the prosecutor The prosecutor must prove their case beyond a reasonable doubtThe prosecutor must prove their case beyond a reasonable doubt The jury must be 99% convinced that the defendant committed the crimeThe jury must be 99% convinced that the defendant committed the crime OJ Simpson was acquittedOJ Simpson was acquitted In a civil case, the plaintiff wins by convincing the jury by a preponderance of evidenceIn 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 faultThe jury must be 51% convinced that the defendant is at fault OJ Simpson was found at fault in civil case and ordered to pay damagesOJ 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.Difference burden depending on the nature of the case. CIVIL CASECRIMINAL CASE Preponderance of the Evidence. 51% ? Beyond a reasonable doubt. 99% ?