WHAT IS LAW? TM. Jurisprudence. The study of law and legal philosophy.
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Transcript of WHAT IS LAW? TM. Jurisprudence. The study of law and legal philosophy.
WHAT IS LAW?
TM
Jurisprudence
.
TM
• The study of law and legal philosophy
Laws and Values
• Law generally reflect and promote a society’s values
• Our legal system is influenced by what society considers to be right and wrong
***However everything that is immoral is not criminal
Goals of our Criminal Justice System
•Protecting basic human rights
•Promoting fairness
•Help to resolve conflicts
•Promote order and stability
•Promoting desirable social and economic behavior representing the majority
•Protecting the rights of the minority
Laws and Values Continued
•Laws can be based on moral, economical, political or social values
•As values change, laws change
•Many laws may combine moral, economical, political, and social values•Example: Laws against theft
Human Rights
•Rights that all people have because they are human beings.
•Both government as well as private citizens can violate human rights
•Human rights are observed by almost every country in the world.•UDHR: Universal Declaration of
Human Rights
Kinds of Laws
• Criminal Law : • Regulate public conduct and set out duties owed by
society• A criminal case is a legal action that can only be brought
on by the government against a person charged with committing a crime
• The person accused of the crime is called the defendant • Criminal laws have penalties and offenders are
imprisoned, fined, placed under supervision or punished in some other way.
• Felony: Penalty is a term of more than one year in prison
• Misdemeanor: Penalty is a term of less than one year in prison
Civil LAW
• Civil Law: Regulate relations between individuals and groups of individuals in society• A civil case is brought by the plaintiff (the
person that has suffered an injury)• Civil Action: A law suit that can be brought on
by an individual who feels wronged or injured by another
• Class action: A law suit brought on by a group of people who feel to be wronged by a private corporation or government entity
Lawsuits
Why does a person bring forth a lawsuit?
• They have suffered a wrong
• They would like to establish liability
• Obtain a judgment
Burden of Proof
• In a criminal case, the burned of proof lie with the prosecutor
• The prosecutor must prove their case beyond a reasonable doubt• The jury must be 99% convinced that the defendant
committed the crime• OJ Simpson was acquitted
• In a civil case, the plaintiff wins by convincing the jury by a preponderance of evidence• The jury must be 51% convinced that the defendant is at
fault• OJ Simpson was found at fault in civil case and ordered to
pay damages
Trial: Burden of Proof
• Difference burden depending on the nature of the case.
CIVIL CASE CRIMINAL CASE
Preponderance of the Evidence.
51% ?
Beyond a reasonable doubt.
99% ?
The End
• http://investigation.discovery.com/videos/crimes-of-the-century-oj-simpson-videos/
• http://www.trutv.com/library/crime/serial_killers/predators/kitty_genovese/1.html