1. Introduction to Law Mr. Calella
What is Law?
Introduction to Law
Mr. Calella

2. Law and Values
Law: rules made/enforced by gov’t that regulate conduct of people.
Why are laws necessary?
Jurisprudence: the study of law and legal philosophy.
Every society has had laws
“The law must be stable, but it must not stand still.” Meaning?
What do you think this quote means?

3. Criminal Law
Regulate public conduct and set out duties owed to society
Prosecutor and Defendant
Criminal Offenses: divided into…
Felonies-penalty is more than 1 year in prison; examples?
Misdemeanors-penalty is less than 1 year in prison; examples?

4. Criminal Law (continued)
The lower the DEGREE of the crime, the higher the PUNISHMENT
Two Elements of any Crime (prosecutor must prove)
Act
State of Mind (purposely, knowingly, recklessly, negligently)
Defendant’s specific act and/or state of mind affects the degree of the crime he/she committed

5. “Law School Final Exam Question” Group Activity-see handout

6. Criminal Law Standard of Proof
“Beyond a Reasonable Doubt”
Burden of proof on state (prosecutor)
Direct Evidence: does not require any reasoning or inference to arrive at the conclusion to be drawn from the evidence.
Examples?
Circumstantial Evidence: (indirect evidence) requires that an inference be made between the evidence and the conclusion to be drawn from it.
“It Snowed Last Night” as an example

7. Explore the Casey Anthony case
As we see various pieces of evidence from the trial, place each piece under the “Direct” list or the “Circumstantial” list
Did the state prosecutor present enough evidence to meet the “beyond a reasonable doubt” burden of proof standard?
Verdict?-guilty or not guilty? (not “innocent”)
Write a 1-paragraph stating your verdict and explaining how you came to it. Using your list, discuss specific pieces of evidence or lack there of. I’m collecting and grading this as classwork (20 pts)

8. Duty as a Bystander Watch videos on Bystander Effect (see wiki)
Read Aloud “The Case of the Apathetic Bystanders” page 12
Discuss questions as a class
Good Samaritan rule
N.J.S.A. 2A:62A-1 (see PDF on wiki)
2012 NJ case protects 911 operators from liability for negligently handling emergency calls

9. Civil Law
Civil Laws: regulate relations between individuals or groups of individuals
Civil Action: (lawsuit) can be brought by someone who feels wronged/injured (tort, contract, family, real estate
Plaintiff and Defendant
Standard- “By a Preponderance of the Evidence”-something over 50%
Lower standard; OJ wrongful death case

10. Our Constitutional Framework
Limited Gov’t: limit govt’s powers by stating its powers
Separation of Powers: govt divided into 3 branches-legislative (Art. I), executive (Art. II), and judicial (Art. III)
Checks and Balances: 3 branches are independent, but each has power to restrain the other branches
Veto-refuse to approve
Judicial Review-power to declare unconstitutional

11. Framework (continued)
Federalism: division of power between the states and federal gov’t
Bill of Rights: first 10 Amendments to the Constitution; defines/guarantees basic rights and freedoms
Team Brainstorm Game-How many can you name?
Why would the Constitution need to be changed?

12. Activity
Make a chart. Place each of following in “Checks and Balances”, “Federalism” or “Rights”. Be ready to explain answers
Freedom of speech
Only the federal gov’t can make a treaty
Courts review statutes written by the leg.
President has veto power
Most criminal laws are state laws
No cruel and unusual punishment
Congress may impeach president

13. The Lawmaking Process Congress
House of Representatives: 435 (by population)
As of 2014, NJ has 12 reps
Senate: 100 (2 per state)
Statutes: laws created by a legislative body, such as Congress
Federal: every state (env., defense)
State: education, marriage, criminal
Supremacy Clause: Constitution is the highest law in the land (Art. VI)

14. Courts Trial: a court proceeding in which the facts are established
Appellate or Appeals Courts: a person who loses at trial might ask these courts to review and change the result of the trial
When an appeals court decides a case, it issues a written opinion that sets PRECEDENT for similar, future cases (guides similar cases in future)