Laws Roman Law British Common Law Civil Law

Laws ● Roman Law ● British Common Law ● Civil Law ● Criminal Law ● Admiralty Law ● International Law ● Cannon Law

Law ● ● ● Common law ● Often unwritten ● Accepted behavior Case law ● Established by judicial decisions ● A record of court case Codified law ● Established by organized political structures ● Agreed to by treaties

Corpus Juris ● The collected law of a political entity ● Corpus Juris Civilis ● Emperor Justinian I ● Collection of all legal materials ● Collection of all imperial constitutions ● Revived Roman law ● 529 – 534 AD ● Lost for half a century

Corpus Juris ● International law ● Federal ● ● Constitutional law ● Statutory law State & Local ● Criminal law ● Case law ● Civil law

Federal Laws ● Cover Interstate affairs ● USC Titles ● ● United States Code ● 50 Titles ● Amended through Congressional action Administrative Rules ● Implementation of the USC Titles ● Amended through Departmental action

Constitution ● Basis of US government ● No other law, criminal nor civil, may violate it ● Based on: ● ● British common law ● Kant, Mill, Locke, Rousseau Changed only through Amendments ● 27 so far ● 1/21/2022 he Constitution ● 1/21/2022 ill of Rights

USC Titles * TITLE 1 --GENERAL PROVISIONS * TITLE 13 --CENSUS * TITLE 2 --THE CONGRESS * TITLE 14 --COAST GUARD * TITLE 3 --THE PRESIDENT * TITLE 15 --COMMERCE AND TRADE * TITLE 4 --FLAG AND SEAL, SEAT OF GOVERNMENT, * TITLE 16 --CONSERVATION AND THE STATES * TITLE 17—COPYRIGHTS * TITLE 5 --GOVERNMENT ORGANIZATION AND EMPLOYEES * TITLE 18 --CRIMES AND CRIMINAL PROCEDURE * TITLE 6 --SURETY BONDS [REPEALED] * TITLE 19 --CUSTOMS DUTIES * TITLE 7 --AGRICULTURE * TITLE 20 --EDUCATION * TITLE 8 --ALIENS AND NATIONALITY * TITLE 21 --FOOD AND DRUGS * TITLE 9 --ARBITRATION * TITLE 22 --FOREIGN RELATIONS AND INTERCOURSE * TITLE 10 --ARMED FORCES * TITLE 23 --HIGHWAYS * TITLE 10 A--ARMED FORCES (APPENDIX) * TITLE 24 --HOSPITALS AND ASYLUMS * TITLE 11 --BANKRUPTCY * TITLE 25 --INDIANS * TITLE 12 --BANKS AND BANKING * TITLE 26 --INTERNAL REVENUE CODE

USC Titles * TITLE 27 --INTOXICATING LIQUORS * TITLE 40 --PUBLIC BUILDINGS, PROPERTY, AND WORKS * TITLE 28 --JUDICIARY AND JUDICIAL PROCEDURE * TITLE 41 --PUBLIC CONTRACTS * TITLE 29 --LABOR * TITLE 42 --THE PUBLIC HEALTH AND WELFARE * TITLE 30 --MINERAL LANDS AND MINING * TITLE 43 --PUBLIC LANDS * TITLE 31 --MONEY AND FINANCE * TITLE 44 --PUBLIC PRINTING AND DOCUMENTS * TITLE 32 --NATIONAL GUARD * TITLE 45 --RAILROADS * TITLE 33 --NAVIGATION AND NAVIGABLE WATERS * TITLE 46 --SHIPPING * TITLE 34 --NAVY [REPEALED] * TITLE 47 --TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS * TITLE 35 --PATENTS * TITLE 48 --TERRITORIES AND INSULAR POSSESSIONS * TITLE 36 --PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS * TITLE 49 --TRANSPORTATION * TITLE 50 --WAR AND NATIONAL DEFENSE * TITLE 37 --PAY AND ALLOWANCES OF THE UNIFORMED SERVICES * TITLE 38 --VETERANS' BENEFITS * TITLE 39 --POSTAL SERVICE

State/Local Law ● Criminal law ● ● Case law – precedent ● ● Statutes enacted by the appropriate governing body Collection of all previous judicial cases Civil law ● Torts ● Contracts

Civil Statutes ● Civil laws define torts ● A tort is a civil wrong as defined by a civil law ● Plaintiff – harmed party ● Respondent – harming party ● Much case law ● The wronged party may be entitled to compensation ● The respondent may have to perform community service ● The respondent may have to cease and desist some action

Criminal Statutes ● Criminal laws define illegal behavior ● ● ● Criminal acts Injured party/victim is represented by a government official Guilty party is fined and/or must serve jail time – Misdemeanors – less than a year in jail – Felonies – more than a year in jail ● British law – death, mutilation, or forfeiture of lands

Precedence of Laws ● Federal law takes precedence over State law ● State law takes precedence over Local law ● In the US International law is a matter of convenience or inconvenience ● Jurisdictional issues ● Precedence issues

Legal Process ● Warrant issued ● Convicted ● Arrested ● Sentenced ● Indicted ● Jailed ● Arraigned ● Released ● Tried

Burden of Proof ● ● ● Throughout the criminal legal process the burden of proof rests on the plaintiff The accused always retains the right to defend themselves Criminal ● ● Guilt beyond a reasonable doubt Civil ● Guilt by a preponderance of the evidence

Levels of Culpability ● Intent ● ● Knowledge ● ● Aware of the result but did nothing to prevent it Recklessness ● ● Intended the result to occur Aware there was a high probability the result would occur Negligence ● Should have known

Criminal Liability ● Guilty Act - actus reus ● Guilty mind - mens rea actus non facit reum nisi mens sit rea An act does not make a person guilty unless their mind is also guilty. Institutes, Edward Cooke, 1797

actus reus ● The Physical Element ● The guilty act ● Context – time and general circumstances ● Characteristics of the offense – ● Dishonestly, willfully, knowingly Consequences – Injured, suffered loss, died

mens rea ● Fault Elements ● The guilty mind ● ● The mental element of the alleged crime ● General classes – Intentionally – Knowingly – Recklessly – Negligently Ignorance of the law is no excuse

Existence of mens rea ● Requisite mental capacity at the time of the alleged act ● ● A reasonable person would have the mental element in similar circumstances ● ● Confession A similar person would know the effect of his actions Motive ● Points to intention