chapter 4- criminal law...
TRANSCRIPT
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• Common law—the traditional body of unwritten historical precedents created from everyday social customs, rules, and practices, which may be supported by judicial decisions.• Using previous court cases to determine the law
Common Law
Examples• a rule that a judge made that says that people have a duty to read contracts• If a restaurant owner denied an AfricanAmerican service, courts look at previous case (Heart of Atlanta Motel vs U.S.)
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• Statutory law is the written or codified law: the “law on the books,” as enacted by legislative action• Deals with statutes (state law) that regulates behavior
Statutory Lawhttps://www.youtube.com/watch?v=iUCepIy2UUI
Examples- Speed limits, food inspection, ages for work permit, driver's licenses
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• The written form of criminal law is called the penal code.
Penal Code
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• The rule of law holds that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members.
Rule of Lawhttps://youtu.be/IZDd2v18vfw
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• The philosophy of the law or the science and study of the law, including the rule of law.
Jurisprudence
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Categories of Law
• Criminal Law• Civil Law• Administrative Law• Case Law• Statutory Law
1. Substantive Criminal Law2. Procedural Law
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Criminal LawCriminal law –The body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature or for wrongs committed against the state or society. Also called penal law.
• Crimes injure not just individuals, but society as a whole.• Punishment for violators of criminal law is justified by the fact that the offender intended the harm and is responsible for it.
offenses against society, its members, their property, & social order
Murder, rape, robbery ,assaults
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Civil LawCivil law governs relationships between and among people, businesses and other organizations, and agencies of government
• Tort wrongful act or damage• Compensatory Damages payment for injury or economic loss• Punitive Damages payments for willful, negligent acts• Gross negligence failure to perform duty, reckless disregard of consequences• ClassAction Lawsuit lawsuit filed by a group
governs relationships between parties
Divorces
Personal Injury
Property Disputes
Child Custody
Copyright/Trademark
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https://www.youtube.com/watch?v=VLq9S7XNdhU
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Administrative law is the body of regulations that governments create to control the activities of businesses, industry, and individuals.
Administrative Law
Can overlap with criminal law.
Administrative Agencies SSA, DMV, EPA, CPAControlled by Executive Branch
Tax Laws Health Codes Vehicle Regulation Laws
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Case Law• The body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serves as a guide to decision making, especially in the courts.• (stare decisis)Case law comes from judicial decisions. It is referred to as the law of precedent.
https://www.youtube.com/watch?v=7WUglrFRvQ
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describes which acts constitute crimes and specifies punishments for those acts.
Example: The act of murder is a crime.
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It includes:• General rules of evidence• Search and seizure • Procedures to be followed during and after an arrestProcedural laws balance suspects’ rights against the state’s interested in speedy and efficient case processing.
Procedural LawThe part of the law that specifies the methods to be used in enforcing substantive law.
Example: A defendant charged with murder has the right to a jury trial.
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https://www.youtube.com/watch?v=KxF8sL1qTPA
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