law and society introduction to law-chapter 1. what is law? historical origins civil law ...

Law and SocietyINTRODUCTION TO LAW-CHAPTER 1

What is Law?

Historical Origins Civil Law

Constitutions

Codes

Common Law Precedent

Stare decisis

Philosophical Theories Jurisprudence

Natural Theory of Law

Legal Positivism

Legal Realism

Exxon Shipping Co. v. Baker

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Categories of Law

Source of Law Constitutional Law

Statutory Law

Case Law

Substantive and Procedural laws Substantive Laws

Define Rights and Obligations

Procedural Laws

Enforce Rights and Obligations

Criminal and Civil Laws Criminal Laws

Due Process

Civil Laws

Contracts

Torts

Corporations

Family Law

Jurisdiction

Court Procedures

Preponderance of the evidence

Liable

Indigent

Burden of Proof

Beyond a Reasonable Doubt

Acquitted

Hung Jury

Criminal v. Civil Court Procedures

A Drunk Driver A Criminal Case A Civil Case

The Case A government prosecutor files criminal charges against the drunk driver. An injured victim is a witness in the case.

A party injured in the crash files a lawsuit against the drunk driver asking for money and damages.

The Court Often depends on whether the case is a misdemeanor or a felony.

Often depends on how much money is sought.

A Jury Under the Constitution, the defendant has a right to a jury in criminal cases where the punishment exceeds 6 months.

Where a party seeks money damages, both sides are often entitled to a jury.

Attorneys An indigent defendant is entitled to court appointed counsel.

Each party must bear his or her own attorney costs.

Burden of Proof The prosecutor must prove the defendant guilty beyond a reasonable doubt.

The plaintiff must prove his or her case by a preponderance of the evidence.

Verdict The defendant is found guilty or is acquitted.

The defendant is found liable or not liable.

Punishment A guilty defendant can be fined or jailed. Damages are assessed against the liable defendant.

Appeal Only the defendant can appeal Either side can usually appeal.

Statute of Limitations

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Maples v. Thomas

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Marshall v. Marshall

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Silvers v. Stein and People v. Stein

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Roper v. Simmons

What role did societal values play in the Court’s decision in the case?

What role did the Eighth Amendment to the U.S. Constitution play in the Court’s decision in the case?

Terms

Law, Civil Law, Common Law, Constitution, Code, Precedent, Stare Decisis, Jurisprudence, Natural Theory of Law, Legal Positivism, Legal Realism, Substantive Laws, Procedural Laws, Tort, Statute of Limitations, Crime, Rules of Court, Due Process Law, Jurisdiction, Preponderance of the Evidence, Liable, Indigent, Burden of Proof, Beyond a Reasonable Doubt, Acquittal, Hung Jury, Syllabus