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Published byHugh Henry Modified over 8 years ago
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Principles of Law 1
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Jurisprudence = the study of law and legal philosophy. 2
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Law (def’n) = the rules & regulations made & enforced by gov’t → regulate the conduct of people w/in a society. 3
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L AW (2 kinds) 1.C RIMINAL 2.C IVIL 4
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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
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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
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P ENALTIES imprisonment fines placed under supervision other 7
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Penalties 2 T YPES 1. F ELONY > 1 year in prison More serious crimes 2. M ISDEMEANOR < 1 year in prison less serious 8
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R.I.G.L. 9
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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
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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
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Both → can violate both criminal & civil law 12
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C IVIL Private action regulate relations b/w individuals or groups of individuals Punishments = usu. $$ – (other remedies) 13
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C IVIL Action ( A / K / A L AWSUIT ) → can be brought by a person who feels wronged OR injured by another person 14
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C IVIL LAWS REGULATE : MarriageInsurance DivorceConsumer protection ContractsConsumer Goods * Real estateNegligence 15 https://www.cpsc.gov/Recalls/ http://www.recalls.gov/
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C IVIL LAWS : The suit is brought by Plaintiff (person harmed) against Defendant (alleged wrongdoer) 16 https://www.jud.ct.gov/directory/directory/ctinfo1.htm
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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
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Law-making 18
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Laws Sources Federal & state gov’t Constitutions Legislatures Voters – Voter Initiative – Referendum Administrative agencies Courts (appeals) 19
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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
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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
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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
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