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“Law! Huh, Good God ya’ll! What is it good for!”. While there are a number of categories of law. We will focus on the two that will, or could have the greatest effect on you. Besides probate or patent. So what are the two that we will study?.
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While there are a number of categories of law • We will focus on the two that will, or could have the greatest effect on you. • Besides probate or patent. • So what are the two that we will study?
Civil Law:Regulates how we relate with one another. • This allows people to sue and be sued because of their act, failure to act, or negligence.
Law suits or civil actions are brought on by a plaintiff against a respondent (defendant). • Liebeck v. McDonald's Restaurants • Burden of proof:Preponderance of the evidence proves that the respondent is responsiblefor the damages (they are not considered guilty…they are responsible for their actions) .
In other words, • Which side makes the better argument to the judge or jury. • By the way, sometimes people lie in court, so • Who does the jury believe more… • Or who lies the best
Criminal Law • This regulates how people act in society. • It deals with crime and punishment. • To understand this, one must look at the elements that make an act a crime • And the state of mind of the actor (mensrea?). What was the intent of the accused?
Violate criminal law and lose… • Liberty • Life
A Criminal case is brought by the government (prosecutor) against an individual or group (defendant). • State of Wisconsin v. Jeffry Lionel Dahmer • United States v. Timothy McVeigh
Burden of Proof in a criminal case:Beyond a reasonable doubt • The government (prosecution) has the burden of proof as the defendant is innocent until proven guilty. • There can be no doubt in the juror’s mind that the defendant is guilty. • If there is reasonable doubt, the defendant is NOT guilty. • Verdict has to be unanimous. • What is reasonable doubt?
Whoa…just a minute! • Which has the tougher burden of proof: criminal or civil law? And why? • With the peeps in your pod • Talk about these questions • Your written answer MUST be 20 words or less • Go!