What is Law Introduction to Law Mr Calella

What is Law? Introduction to Law Mr. Calella

Law and Values n Law: rules made/enforced by gov’t that regulate conduct of people. n Why are laws necessary? Jurisprudence: the study of law and legal philosophy. n Every society has had laws n “The law must be stable, but it must not stand still. ” Meaning? n n What do you think this quote means?

Criminal Law n Regulate public conduct and set out duties owed to society n Prosecutor n and Defendant Criminal Offenses: divided into… n Felonies-penalty is more than 1 year in prison; examples? n Misdemeanors-penalty is less than 1 year in prison; examples?

Criminal Law (continued) n n The lower the DEGREE of the crime, the higher the PUNISHMENT Two Elements of any Crime (prosecutor must prove) Act n State of Mind (purposely, knowingly, recklessly, negligently) n n Defendant’s specific act and/or state of mind affects the degree of the crime he/she committed

“Law School Final Exam Question” Group Activity-see handout

Criminal Law Standard of Proof n “Beyond a Reasonable Doubt” n Burden of proof on state (prosecutor) Direct Evidence: does not require any reasoning or inference to arrive at the conclusion to be drawn from the evidence. n n n Circumstantial Evidence: (indirect evidence) requires that an inference be made between the evidence and the conclusion to be drawn from it. n n Examples? “It Snowed Last Night” as an example

Explore the Casey Anthony case n n As we see various pieces of evidence from the trial, place each piece under the “Direct” list or the “Circumstantial” list Did the state prosecutor present enough evidence to meet the “beyond a reasonable doubt” burden of proof standard? Verdict? -guilty or not guilty? (not “innocent”) Write a 1 -paragraph stating your verdict and explaining how you came to it. Using your list, discuss specific pieces of evidence or lack there of. I’m collecting and grading this as classwork (20 pts)

Duty as a Bystander n Watch videos on Bystander Effect (see wiki) n Read Aloud “The Case of the Apathetic Bystanders” page 12 Discuss questions as a class Good Samaritan rule n N. J. S. A. 2 A: 62 A-1 (see PDF on wiki) n n n 2012 NJ case protects 911 operators from liability for negligently handling emergency calls

Civil Laws: regulate relations between individuals or groups of individuals n Civil Action: (lawsuit) can be brought by someone who feels wronged/injured (tort, contract, family, real estate n Plaintiff and Defendant n Standard- “By a Preponderance of the Evidence”-something over 50% n n Lower standard; OJ wrongful death case

Our Constitutional Framework n n n Limited Gov’t: limit govt’s powers by stating its powers Separation of Powers: govt divided into 3 branches-legislative (Art. I), executive (Art. II), and judicial (Art. III) Checks and Balances: 3 branches are independent, but each has power to restrain the other branches Veto-refuse to approve n Judicial Review-power to declare unconstitutional n

Framework (continued) Federalism: division of power between the states and federal gov’t n Bill of Rights: first 10 Amendments to the Constitution; defines/guarantees basic rights and freedoms n n Team Brainstorm Game-How many can you name? n Why would the Constitution need to be changed?

Activity Make a chart. Place each of following in “Checks and Balances”, “Federalism” or “Rights”. Be ready to explain answers 1. Freedom of speech 2. Only the federal gov’t can make a treaty 3. Courts review statutes written by the leg. 4. President has veto power 5. Most criminal laws are state laws 6. No cruel and unusual punishment 7. Congress may impeach president n

The Lawmaking Process n Congress n House of Representatives: 435 (by population) n n n As of 2014, NJ has 12 reps Senate: 100 (2 per state) Statutes: laws created by a legislative body, such as Congress Federal: every state (env. , defense) n State: education, marriage, criminal n n Supremacy Clause: Constitution is the highest law in the land (Art. VI)

Courts Trial: a court proceeding in which the facts are established n Appellate or Appeals Courts: a person who loses at trial might ask these courts to review and change the result of the trial n When an appeals court decides a case, it issues a written opinion that sets PRECEDENT for similar, future cases (guides similar cases in future) n