1. WHAT IS LAW? TM

2. Jurisprudence .
The study of law and legal philosophy TM

3. Laws and Values Laws generally reflect and promote society’s values.
Our legal system is influenced by what society considers to be right and wrong.
**However, note that everything that is immoral is not criminal. Consider that morality is individual in nature. For example, a person may not agree with the death penalty but it is legal in Florida.

4. Goals of our Criminal Justice System
Promote order and stability
Protect the rights of minority
Protect basic human rights
Promote fairness
Help resolve conflicts
Promote desirable social and economic behavior- representing the majority

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

6. Kinds of Laws Criminal Law : 2 Types of Crimes:
Regulates public conduct and sets 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 crime [Prosecutor = attorney for the government].
The 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.
2 Types of Crimes:
Felony: Penalty is a term of more than one year in prison
Misdemeanor: Penalty is a term of a year or less in prison

7. Civil LAW
Civil Law: Regulates relations between individuals and groups of individuals in society.
A civil case is brought by the plaintiff (the person that has suffered an injury).
Civil Action (a.k.a =lawsuit): A case 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 (i.e.: smokers v. cigarette companies)

8. Lawsuits Why does a person bring forth a lawsuit?
They have suffered a wrong
They would like to establish liability
Obtain a judgment
$$$$$$$

9. Burden of Proof
In a criminal case, the burden of proof lies with the prosecutor
The prosecutor must prove their case beyond a reasonable doubt
The jury must be 99% convinced that the defendant committed the crime
This is why OJ Simpson was acquitted in the criminal case—the jury had doubt.
In a civil case, the plaintiff wins by convincing the jury by a preponderance of evidence that defendant committed the harm.
The jury must be 51% convinced that the defendant is at fault
OJ Simpson was found at fault in the civil case involving the same matter as the criminal one and ordered to pay damages/$$$$ because the victim’s family had a stronger case than O.J.

10. Trial: Burden of Proof
Different burden depending on the nature of the case
CIVIL CASE
CRIMINAL CASE
Preponderance of the Evidence.
51% ?
Plaintiff simply needs to have a better case than defendant.
Beyond a reasonable doubt.
99% ?
Prosecution must convince the jury that defendant is guilty w/o a doubt.

11. HOLDING OF Cases
Holding: the ruling of the court (usually an appellate court).
The Holding in Dudley and Stephens: one cannot deliberately take the life of another to save oneself. (The ruling/holding becomes common law).
The Holding in the Kitty Genovese Case: Bystanders do not have a duty to act when witnessing a crime.
**Hence you can witness a person being stabbed in front of you and you can simply go on your way and not be required to help or even notify the police.

12. Vocabulary Chapter 1 Law
Human Rights & Universal Declaration of Human Rights (UDHR)
Reservations
Criminal Laws: Felonies & Misdemeanors
Prosecutor
Beyond a reasonable doubt
Statutes
Checks and Balances
Veto
Unconstitutional
Federalism
Civil Laws
Civil Action
Plaintiff & Defendant
Preponderance of the evidence
Limited Government
Separation of powers
Judicial Review
Bill of Rights
US Constitution
Amendment 1 (Freedom of Speech)