on a blank piece of paper write down: 1. probable cause 2. reasonable doubt 3. mens rea 4. corpus...
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On a blank piece of paper write down:
1. Probable Cause 2. Reasonable Doubt 3. Mens Rea4. Corpus Delecti5. Writ of Certeori6. Preponderance of Evidence
-Get 1 or 2 names next to each term, these will be class groups we will use this semester (groups of 2 or 3). Cannot be in 2 groups with the same person
Business Law – Unit 1
Chapter 1 – Laws & Their Ethical Foundations:
*take notes and follow along in Chapter 1 of your textbook
Describe the differences between common law and positive law.
Identify the origin of the U.S. legal system
Lesson Goals
Laws: enforceable rules of conduct in a society◦ Do we need laws?◦ People need protection for others
Common Law: rules used by judges to settle people’s disputes.◦ Sets a “precedent” – courts use prior cases as a
guide◦ Examples??
Positive Law (Civil Law or Roman Civil Law): dictated by a central authority, leader or government. Put in place to prevent wrongs.◦ Examples?
Laws & Legal Systems
Disputes settled based on local customs, led to inconsistencies & laws hard to follow.◦ Example – p. 7
King sent judges to ride circuit & hear cases. Local people hear the cases & interpret the local customs.
King’s court has “jurisdiction” over circuit court◦ Leads to circuit court & jury
English Common Law
Advantage: uniformity & ability to adjust to societal changes
Disadvantage: courts had to wait for the harm to occur before they could take action◦ An injunction, which stops something from being
done, could be issued.
Only one U.S. state does not operate under common law, but rather civil law.◦ What state??
English Common Law
Constitutions: framework of a government, highest source of law
Statutes: laws enacted by state or federal legislatures on behalf of those that elected them.
Ordinances: local rule or law◦ Examples? Smoking, pets on a leash, watering in summer◦ Hot Debate, page 4. Answer #1-3 in your notes
Case Law: appeals based on rulings made by lower courts.◦ Stare decisis: Let the decision stand, lower courts must
follow established case law. Does not bind one court though, which is the?????
◦ Supreme Court Page 12 What’s Your Verdict
Law Terms
Offense against society, not individuals Government investigates and prosecutes on
behalf of the people Conviction results in fine, imprisonment &
possibly execution. It is possible to try a defendant in criminal
court and then try the same defendant again in civil court, for the same event.◦ Example?◦ O.J. Simpson Murder trial
Criminal Law
Civil Law: wrongs against individuals Police do not take action in civil conflicts When sued you become the defendant, if
you lose a civil case you must pay money to plaintiff.
Civil offenses are known as “Torts”
What’s Your Verdict - Page 13
Is shoplifting a crime or a tort?◦ Both-tort to business owner losing merchandise &
crime as it violates the law.
Civil vs. Criminal Law
Procedural Law◦ The process that a case will go through (whether it
goes to trial or not). ◦ Example: How and when police can make arrests◦ Criminal procedure & Civil procedure
Substantive Law: defines rights & duties◦ Defines how the facts in the case will be handled, as
well as how the crime is to be charged. In essence, it deals with the substance of the matter.
◦ Defines offenses: murder, theft, breach of contract, negligence
◦ Stare decisis is a … Procedural law
Procedural & Substantive Laws
Rules that apply to business situations & transactions
UCC: Uniform Commercial Code◦ Laws vary from state to state◦ UCC provides uniformity in state commercial laws◦ Governs sales & leasing of goods, aspects of
banking Business Law is generally civil or criminal?
◦ civil
Business Law – p. 14
Vocabulary & Concept Review◦Page 20, #1-16
Pages 21 & 22◦Answer #’s 31-34 & 36-38 in your notes
Chapter 1 Assessment
July 4, 1776 Declaration of Independence◦ Thomas Jefferson. All men are created equal…life, liberty
& pursuit of happiness. Articles of Confederation: charter by 13 colonies Articles create framework for U.S. Constitution What’s Your Verdict? P 25 Bill of Rights: 1st 10 amendments
VA, NC, NY & RI don’t ratify Constitution until now, issue of the failure to protect human rights now resolved
Page 27 Checkpoint◦ Magna Carta
Chapter 2 – Constitutional Rights
Search is property Seizure is a person
Chapter 2 – Constitutional Rights Due process: Defendant given adequate
notice & proper hearing What’s Your Verdict – page 31 Cyberlaw
◦ Intended to govern e-commerce & internet
Illegal search & Seizure
In groups research the following cases
1. People of California v. Orenthal J. Simpson2. Roe v. Wade3. Miranda v. Arizona4. People of Illinois v. Larry Eyler5. Hustler v. Falwell6. Texas v. Johnson7. New Jersey v. TLO8. Tinker vs. Des Moines9. Christian Burial Case
Landmark Cases
Slide1: Case name & your namesSlide 2:Years & process through court systemSlides 3-5: Story, background, major people involved & eventsSlide 6: Ruling (9-0, 8-1, 7-2, 6-3, 5-4)Slide 7: Dissent (list judge and their opinion)Slide 8: Significance, impact, precedent set?Slide 9: Related cases, interesting facts, extra details.
Make a Powerpoint with…
Only applies when offender is in cutody being questioned about his own guilt
Police don’t have to read you Miranda if you’re caught red handed robbing a store◦ Evidence still exists independent of the confession
Miranda
Roth v. United States◦ Companion case of Alberts v. California◦ Both sent lude, indecent pictures through mail◦ Court issues writ of certiorari for both cases
Order to lower court to produce record for Supreme Court ◦ 1957, 1st Amendment doesn’t protect obscenity
Miller v. California◦ Set up 3-part test to determine obscenity: “Miller Test”
whether the average person would find that the work appeals to the purest interest;
whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions
specifically defined by applicable state law; and whether the work, taken as a whole, lacks serious literary,
artistic, political, or scientific value
Landmark Cases
Burger King v. Rudzewick◦ Rudzewicz & partner open BK in MI, train in FL◦ Miss payments (franchise fees & royalties) & BK sues
for breach of contract and trademark infringement◦ BK wins in district court-FL has jurisdiction on those
who breach contract in the state◦ Court of appeals reverses decision-violates due
process◦ Supreme Court-BK wins, FL does have jurisdiction◦ Dissent: unfair to businessman in MI to go to FL court ◦ Relation to cyberlaws & cybersecurity?
Child Online Protections Act◦ Makes it a crime for site operators who fail to prevent
minors accessing “harmful” material
Landmark Cases
Spamming: occurs by gathering, “cookies”◦ Personal info on website visitor such as buying
patterns sold w/out visitors knowledge◦ Illegal on video & cable but not internet
Page 39 What’s Your Verdict? IN THIS CASE – p. 42
VOCAB AND CASE REVIEW Chapter 1 p. 20 1-16, 31-38 Chapter 2 p. 44 1-12, 24-30
Right of Privacy
Litigate (go to court) or settle dispute w/out court?
3rd party options:◦ Mediator:
Acceptable decision to both, usually not legally binding Mediation effective in resolving approx. 75% of cases &
greatly reduces the trial docket of courts◦ Arbitrator
3rd party like mediator, decision binding can be enforced by the court
Often 3 arbitrators involved, majority decision rules
Chapter 3 – Dispute Resolution
Trial court: original court where dispute is heard◦ Has original jurisdiction (power) to decide the case
Appellate court: reviews decisions of lower courts◦ Concerned solely with errors of the law◦ Examine transcript & appellate briefs(written
arguments)◦ Decide if lower court decision is:
Affirmed (upheld) Reversed (overturned) Amended (changed) Remanded(sent back to trial court for correction or new
trial)
Court System
Federal District Courts◦ Cases involving Constitution, U.S. law & treaties◦ Lawsuits between citizens of diff. states/nations
Federal Court of Appeals◦ Has jurisdiction when lower court case is appealed
by a party in the case U.S. Supreme Court
◦ Has original & appellate jurisdiction (most common from U.S. dist courts & State S.C.)
◦ Can issue writ of certiorari compelling lower court to turn over record of case to S.C.
Court System
Court of record: keeps exact account of trial◦ Transcript, evidence, statements, judgment
Municipal Courts: traffic & criminal divisions◦ Are ordinances criminal laws?
Small Claims: under $2,500, no jury or attorneys. Can be appealed to state trial court
Juvenile Courts: 13-18, see page 58 Probate Courts: administer wills & estates for
deceased State Supreme Court
◦ Issue final decision unless U.S. Constitution or federal question of law is involved
State Court System – p. 56
List the three elements of a crime and specify if the crime is a felony or misdemeanor.
Lesson Objective
Elements of Criminal Acts1. Duty: know the law2. Violation of the Duty: conduct that violates the
statute3. Criminal Intent: intended to commit the act,
intended to do evil◦ Before one is convicted of a crime, prosecutors
must prove these 3 elements◦ What’s Your Verdict p. 65: is it a crime, what crime?
Can a corporation form criminal intent like individuals? Example? Called ‘Vicarious Criminal Intent’
Insane not responsible, intoxicated & drugged are
Criminal Law & Procedure
Felony: punishable by prison, fine of over $1,000 or death
Misdemeanor: punishable by fine, county/city jail.◦ Lesser misdemeanors know as infractions: littering,
parking tickets-no jail just a fine White collar crime: offenses committed in
business world. No force, violence or property damage. Examples?◦ Insurance fraud, embezzlement, tax evasion, stock
fraud, false weighing machines, price-fixing
Crimes
Conduct by law enforcement inducing a person to commit an offense that the person would otherwise wouldn’t commit.
A possible defense against criminal liability
Nonexample: sting operation where officer poses as buyer of drugs or under 21 buys alchohol
Entrapment
3 elements present for entrapment1. The idea of committing the crime came from
government agents & not from the person accused.
2. Government agents persuaded person into committing crime. (Simply giving someone the opportunity to commit a crime is not the same as persuading them).
3. Person was not ready and willing to commit the crime before interaction with the government agents.
Entrapment
Unauthorized taking of property of another with the attempt to deprive
Not larceny in IL, called theft Theft is a felony if the value of the property
exceeds $500 (in IL) or the property is stolen from the person of another.
Thresholds at $10,000, $100,000, and $500,000 determine how severe the punishment can be.
Amount varies from state to state Grand Theft Auto? Not just a game, Felony
Theft
Crimes: Larceny, a.k.a theft
Robbery- forcefully taking property from someone in their presence *Felony
Burglary: entering a building/house without permission & with the intent to commit a crime *Felony
Selling stolen property, shoplifting, pick pocketing
Larceny (theft) crimes
Receiving stolen property: receiver/buyer called fence
False Pretenses: receives money/property by lying
Forgery: falsely/materially altering a writing to defraud another, common with checks*Felony
What’s Your Verdict? – p. 67. What crime? Felony?
Crimes
Bribery: giving something of value to influence performance
Extortion: blackmail-using force, fear or power to obtain money or property
Conspiracy: agreement between 2 or more people to commit a crime.
Arson: intentionally burns building w/out owners consent
What’s Your Verdict? - p. 68
Crimes
Assault: threat or fear of violence Battery: offensive touching
◦ Can be criminal False Imprisonment: held against will Defamation
◦ Slander-spoken; Libel-written◦ False, communicated to 3rd party, cause injury
Intentional Torts
Invasion of Privacy: eavesdropping, reading mail, tapping phone
Trespassing: entry on property w/out consent
Conversion: using property inconsistent w. owner’s rights
Fraud: intentional misrepresentation of a material fact
Negligence: carelessness; most common tort
Intentional Torts
Students will be able to analyze cases and determine what crime, if any, has been committed
Lesson Objective
Elements of Criminal Acts1. Duty: know the law2. Violation of the Duty: conduct that violates the
statute3. Criminal Intent: intended to commit the act,
intended to do evil◦ Before one is convicted of a crime, prosecutors
must prove these 3 elements◦ What’s Your Verdict p. 65: is it a crime, what crime?
Can a corporation form criminal intent like individuals? Example? Called ‘Vicarious Criminal Intent’
Insane not responsible, intoxicated & drugged are
Criminal Law & Procedure
Latin for “guilty mind”
The intention to commit a crime
One of the necessary elements of a crime, criminal intent
Habeas Corpus A person can’t be held in prison without first
being charged
Mens Rea
Latin for body of the crime; the essence of the crime
a crime must have been proven to have occurred before a person can be convicted of committing that crime.
For example, a person cannot be tried for larceny unless it can be proven that property has been stolen
Corpus delacti
Explain the use of illegally obtained evidence and how the burden of proof in a case is solved.
Identify cases
Lesson Objective
Evidence that is obtained illegally cannot be used
Aligns with the 4th amendment...which is??◦ Illegal search and seizure◦ Testimony is considered evidence too
Fruit of the poisonous tree doctrine
Larry Eyler serial killer, confesses to murder of Robert Calise in Lake Forest.
He was not arrested but he felt like he was not safe to go because put in squad car (not cuffed) & questioned in room (not cell) –total of 12 hrs◦ Evidence obtained was thrown out. Unlawful
seizure. Eventually convicted of the murder of Daniel
Bridges, 15 year old from Chicago and later confessed to 21 other murders all in the gay community of Chicago, Indianapolis & Ohio
People of IL vs. Larry Eyler
Beyond a Reasonable Doubt◦ Applies in Criminal Proceedings◦ If there is a real doubt, based upon reason and
common sense after careful and impartial consideration of all the evidence, or lack of evidence, in a case, then the level of proof has not been met.
Preponderance of Evidence Must be present for ruling in favor of plaintiff Applies in Civil Court Also in Family Court, Grand Jury
Need more evidence to convict in Criminal than Civil.
Burden of Proof
Probable cause: reasonable ground for belief◦ When tried you must be proved guilty “beyond a
reasonable doubt”◦ IL v. David Hendricks
David Hendricks convicted of murder of wife & 3 children, case appealed overturned years later at McLean County Law & Justice Center.
Murder weapons found, no other suspects Motive was Hendrick’s religion saw divorce as a sin Can’t prove Hendricks guilty “beyond a reasonable
doubt” What’s Your Verdict - P. 71
Rights of the accused
In custody being questioned about your own guilt
Rights read after you are arrested When are you arrested?
◦ When you don’t feel free to leave◦ Are you arrested in a traffic stop?
Ex: Caught red handed but not read rights◦ Only confession is thrown out◦ Theft that officer or witness saw is not thrown out
Miranda Rights
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