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Law

Law. PURPOSE. Do laws limit freedom or protect liberty?. Laws: Resolve Conflict Protect Rights Limit Government Promote General Welfare e.g. make it easier for everyone to live a good life Set social goals (Anti - Littering Laws) Control crime. HISTORICAL INFLUENCES.

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Law

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  1. Law

  2. PURPOSE Do laws limit freedom or protect liberty? • Laws: • Resolve Conflict • Protect Rights • Limit Government • Promote General Welfare e.g. make it easier for everyone to live a good life • Set social goals (Anti-Littering Laws) • Control crime

  3. HISTORICAL INFLUENCES • Code of Hammurabi 1792-1750 BC • The Ten Commandments

  4. WE ARE A NATION OF LAWS NOT GOVERNMENT!!! Constitutional law: Decides the limits of government power and prevents tyranny.

  5. STATUTORY LAW STATUTE • A law written by a legislature at state or federal level. ORDINANCES • laws written by city councils.

  6. ADMINISTRATIVE LAW • Governs the way agencies are run • Ensures fairness (in theory) • Ex: Decides whether or not people receive or are denied welfare benefits, medicare/medicaid etc.

  7. COMMON LAW aka CASE LAW • Comes from the way cases are decided (PRECEDENT). • Often based upon common sense and custom. • Most important basis of our legal system

  8. CIVIL vs. CRIMINAL CASES

  9. CIVIL CASES/LAW • Covers disputes between 2 or more parties/Plaintiff v Defendant Types: • Contract, Property, Family Relations, & Wrongdoing causing injury to person or property (Tort). • Many people calling for tort reform.

  10. phases • Plaintiff hires a lawyer & files complaint against defendant. • Defendant receives a summons and answers within 10-60 days. • Pre-trial discovery. • Affidavits/Depositions taken. • Trial or Mediation. • Verdict/Award

  11. STATE VS. JOE SCHMEAUX Petty Offenses Speeding, littering, jaywalking Misdemeanors Vandalism, Simple assault, Shoplifting under $500 Felonies: Burglary, arson, murder, rape, forgery, manslaughter CRIMINAL LAW

  12. PHASES • A crime is allegedly committed • Arrest and booking • III. Arraignment/Plead Guilty, Not Guilty, No Contest • IV. Preliminary Hearing • V. Trial • VI. Verdict • VII. Sentencing

  13. PLEAS Guilty Not Guilty Not Guilty by Reason of Insanity or Mental Defect: Must prove that you did not know what you were doing/were not in control of your actions No Contest: You admit to nothing but don’t contest the charge and will be sentenced as if found guilty.

  14. PLEA BARGAINING • Due to high volume, 90% of cases are plead out. • Saves the State $$$ and time. • Also helps the cause of justice when the stronger charge is harder to prove.

  15. VERDICT Guilty Beyond a Reasonable Doubt(Burden of Proof): Can be appealed on the basis that something was wrong with the state’s case. Not Guilty Free to go-can’t be tried again for the same crime. Hung Jury/Mistrial No verdict but the state can bring charges again.

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