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Published byGwen Gordon Modified over 5 years ago
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Introduction to Law Law- set of rules, rights, and obligations that are binding on a society. Formal code of conduct. Law can be classified by its source, by its subject, and by its level.
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Forms of Law * Classified according to its source.
1) Constitutional Law- est. by the U.S. Constitution, state constitutions, and interpretations by the Supreme Court. 2) Statutory Law- laws that are passed by Congress or other law-making bodies. - Must agree w/ Constitution.
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Forms of Law 3) Administrative Law- rules and regulations issued by administrative agencies of the executive branch. Ex: FCC, EPA 4) Common Law- unwritten, judge made law based on customs, traditions, and precedents. - Usually come from decisions made in an earlier case. - Rule of Stare Decisis- “let the decision stand”
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Criminal vs. Civil Law * Classified according to subject matter.
Criminal Law- address the need to investigate crimes, prosecute defendants, and hold offenders accountable, usually through penitentiary, jail or probationary sentences. Considered an offense against the public. Ex: DUI, gun point robbery, homicide The District Attorney (DA) prosecutes criminal cases in court and must prove guilt beyond a reasonable doubt.
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Criminal vs. Civil Law Civil Law- Involves individuals and their legal rights. Addresses situations in which people have been harmed, and an economic award might help remedy the situation. Ex: Divorce, disputes involving property ownership, and contractual disputes. Private attorneys handle both sides of a dispute involving civil law. Issues need to be proven only by a preponderance of the evidence.
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Federal, State, & Local Law
* Classified according to level. Federal, State, County, and City Governments have the power to make laws. The law only applies to the government’s jurisdiction. Federal Law usually takes precedent, then state, etc., on down.
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