Law & American Society

• 1. Common Law- Judge made law
• 2. Statutory Law- Laws made by legislature
• Congress, State and City council

• 1. Egypt the first written legal system
• 2. Roman Civil law. The orgin of statutory law
• 3. English Common Law- The orgins of judge made law

7 Articles, 27 Amendment

• Bill- propsal law (not a law)
• statute- law pass on a congress federal law---pass on l
• state leve
• Ordinance- law pass on local level

1. wager of law- based on rep=good character is not gulity. Bad character is gulity.

2. Trial by Ordeal- Physical test determine if guility or not. (fire and water test)

3. Compurgation- based on rep 11 and the accused try to convince judge.

• Scholar from rome= Congress/ legislature
• Emperor= president
• Federal Law- "Code" Fed laws are the US code

Based on custom and tradition of society (different regions)

Wealth (landowners) judges had power over the land.

The law protects certain indivduals in favorable of law.

For example.

The protection of children, government and family units.

A person commits crime of privacy if he/she knowling photograph w/ another w/o consent while the person is in full/ partially nudity and is a place where the person would have a reasonable expectation of privacy.

Plaintiff files lawsuit (Name usually appears first)

Defendant -being sued (Defending themselves)

• case goes up on appeal
• Appeallant-files appeals

appelle- appeal against

1. The Action- The kind of case. ex criminal prosecution or cilvil lawsuit

2. The Facts- What happened

3. The Issue- Legal question the court had to decised

4. The opinion of the court. how the court answered

• unanimous- all judges agree on a case (all 7)
• majority- most judges agree ex 5/7
• concurring- judge who agree w/ other judges but for different reasons
• dissenting- disagree w/ majority

Affirm- appealing court agrees w/ the decision below

reverse- dont agree w/ the decision below---decision is changed

remand- the court is sending case back to the lower level---new trial

The rights of society. (criminal, constitution, admin)

• The rights of individual
• ( contract law, tort law, property law and family law)

A violation of those duties that an individual owers to his or her community and the breach of which requires the offender to make satistfaction to the public.

a violation of the rights of society not the individual victim

1 treason- waging war against the country or aiding the enemy. ( cannot be convicted unless there are 2 witness testify against the accused) Pent: 5 yrs- death

2 felony punishable crime by more than 1 yr. (Bad for society---murder, lightinting things on fire. robbery, battery [using force against another]

3 misdomeanor crime serious enough- less than 1 year ( assault, theft w/o using force, trepass and destruction of property.)

4 Summary least offense toward society. Usually a fine (traffic tickets ect)

Actus Reus is the actually committed of crime (must prove to defendant committed crime.

Men Rea- state of mind. criminal intent. Legal system wants to know if the defendent intented, knew, should have known when he/she committed the crime

1. intent- show that you set goals to do crime

2. knowingly- know what would occur

3. recklessness- should have known

4. neglangance- slooy behavior that can not be excused.

intention tort

assault

battery

determentation

invasion of privacy

The legal system is favorable of life over property. You can use force to protect property but it cannot be force that will take life or cause serious injury.

• 1. Denfendant did not provoke
• 2. reasonable fear for life
• 3. Must kill to save life
• 4. Must retreat (get away w/o being harmed)

Land property- everything land related

personal property- everything not attacted to land.

• ~tangible physical object
• ~ intangible- ownership evidence of legal document. (patent, cpoyright,

Any replication or association [that is not a personal belonging] to a copyright company can sue

Tenancy in Common- When the co worker dies his/her share passes to the person heir

Joint Tenant w/ Rights of Survivorship- When co worker dies his/her share passes to the surviving owner

Tenancy by the entirely- married ppl can protect the marital asset since each owns 100%----equal ownership

The rights, duties and obligation involving marriage, civil unions, domestic partnership, child support and other family issues.

Ex. People pervious married who did not get divorce gets married.---- files annulment

As Public agency, protect a public interest or sector instead of private rights or person.

Can exist at any level of the government- federal, state and local

Similar to court cases, witnesses are heard, evidence----resolve problems in certain areas.

Since they are on specific subject---finding would not be charged on appeal

The exchange of promises voluntarily made up by the parties, which agreement is enforable in court.

5 elements

1. an offer

2. acceptance

3. consideration

4 capacity

5 legality

Contract of minors- minor may disaffirm contract but the adult is still bound. Minor doesnt have to return something in the same condition---all they have to do is return what is left of the purchase or recieved.

Minior may ratify a contract upon reaching maturity.

When contacts are not signed in writting, each person must fully analyze and understand.

Read and understand document before you sign.

Miniors are held to the standard of care of a child similar to their age b/c childten motor and intellectural skills varies. Unless they are doing adult mannerss such as driving or flying an air plane.

ex of contribution- driver going thur a red light is negligence. While the other operator w/ the green lightn has the right of way. If both are not looking..both negligence. the one who went through the red light is fully liable.

• Duty
• Breach of duty
• proximate cause
• damages

Punitive damages are rewarded based on the cause of action th decedent would have had if he/she was still alive

Due Process- fundamental fairnesshearing both sides of the story

Substantive due process is the actual law

procedural law is the way the actual law is made, enforced and administered.