Enforceable rules governing relationships amoung individuals and between individuals and their society.
Why do we have law?
They establish rights, duties and privileges that are consistent with the values and beliefs of their society.
Where does law come from?
- 1. Legislatures (statutory)
- 2. Jusiciary (common/case law)
- 3. Executive (administrative agencies)
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)
Different ways of classifying law
- subject matter- tort
- substantive- contract, cant kill roommate
- procedural- how they deal with killing a roommate.
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.
- Proff- Beyond a reasonable doubt
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
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.
Checks and Balances
Each secion of government can check and balance each other.
The Bill of Rights
First amendments- freedom of religion, speech, assembly, and press.
The right to bear arms.
Dont have to have soldiers stay in your house.
- Prohibition of arresting/searching your house without a warrant for probable cause.
- Can arrest if you see the crime happening.
- Due Process clause
- Self incrimination
- Double Jepordy
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.
- Cant testify against yourself.
- For statements but not physical evidence
Found not guilty, cant be tried for the same crime twice.
- The right to a lawyer.
- No right in a civil case and if there isnt jail involved.