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Law
Enforceable rules governing relationships amoung individuals and between individuals and their society.
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Why do we have law?
They establish rights, duties and privileges that are consistent with the values and beliefs of their society.
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Where does law come from?
- 1. Legislatures (statutory)
- 2. Jusiciary (common/case law)
- 3. Executive (administrative agencies)
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4 Characteristics of Good Law
- Stable- Not constantly changing (speed on the freeway)
- Flexible-Have to change with time. (brown vs. board of education)
- Reasonable- has to be thought right by many. (prohibition)
- Certain- has to be stated in terms that you understand. (dont be a scumbag)
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Different ways of classifying law
- subject matter- tort
- substantive- contract, cant kill roommate
- procedural- how they deal with killing a roommate.
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Criminal Law
Concerned with wrongs commited against the public as a whole. Defined as prohibited by local, state or federal statues.
- Government initiates it.
- Protect all of society.
- Incarceration
- Proff- Beyond a reasonable doubt
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Civil Law
Spells out the rights and duties that exist between persons and between persons their government and when persons rights are violated. Private party sues another private party.
- Initiates- Wrong Party
- Purpose- provide redress to the party
- Loses- Pay money
- More than 50% shows proof
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Briefing a Case
- Facts- include plaintiff and Defendent. Who did what to whom to be sued
- Issue- legal question (sentence)
- Holding- Answer the question above
- Reasoning- Why they rule what the do.
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Checks and Balances
Each secion of government can check and balance each other.
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The Bill of Rights
First amendments- freedom of religion, speech, assembly, and press.
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Second Amendment
The right to bear arms.
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Third Amendment
Dont have to have soldiers stay in your house.
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Fourth Amendment
- Prohibition of arresting/searching your house without a warrant for probable cause.
- Can arrest if you see the crime happening.
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Fifth Amendment
- Due Process clause
- Self incrimination
- Double Jepordy
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Due Process Clause
- If you are going to be sued by someone you have to have written papers.
- When arrested have to have a trial
- Miranda- right to remain silent
- There may be things that are not spelled out in the constitution but obvious.
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Self- Incrimination
- Cant testify against yourself.
- For statements but not physical evidence
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Double Jepordy
Found not guilty, cant be tried for the same crime twice.
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Sixth Amendment
- The right to a lawyer.
- No right in a civil case and if there isnt jail involved.
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