unit five what is law? who makes law? unit five jurisprudence – –the study of law law – - a...
TRANSCRIPT
Unit One
Unit FiveWhat is law?Who makes law?
Unit FiveJurisprudence The study of lawLaw - A set of rules or regulations that by which a government regulates our actionsA set of rules or regulationsthat by which a governmentregulates our actionsUnit FiveLaw is loosely based upon moral values of a societyMorals are traditional ideas of right and wrong
Unit FiveLaw falls into 2 major groups:CriminalRegulates public conduct and sets out dutiesPunishment may include prison, fines, probationCivilUnit FiveCriminal Law is divided into 2 categories:FelonyA more serious crime, punishable by more than one year in jailIncludes death penaltyMisdemeanorA less serious crime, punishable by up to one year in prison
Unit FourCriminalCivilRegulates actions between individuals and groupsPunishment includes paying money or making some other amends
Unit FourCivil Law affects relationships in areas such as:MarriageDivorceContractsInsuranceReal EstateConsumer ProtectionNegligenceTo bring a civil action = to sue someone (a lawsuit)
Unit FiveSettling DisputesSettling outside of courtNegotiation
Two groups agree to resolve a dispute togetherUnit FiveMediationA third party helps two groups resolve a dispute
Unit Five
ArbitrationA third party mandates a resolution to a dispute
Negotiation
Mediation
ArbitrationUnit FiveThere are 3 lawmaking bodies in the U.S.
Legislatures(Legislative)
Agencies(Executive)
Courts(Judicial)
Unit FiveLegislatures pass direct laws on a state or federal level
Unit FiveFederal Statutes affect every citizen of the nation
State Statutes affect every citizen of that state
Unit FiveSettling in courtThe adversary systemA contest between two sides
Unit Five
In a criminal case, the prosecution must prove guiltBeyond a reasonable doubtWhat an average person would have to believeUnit FiveCriminal TrialProDStart of the trialProDGuilty verdict
Unit FiveCivil TrialIn a civil trial, the plaintiff must prove guilt with a preponderance of the evidenceMore likely than not
Unit FiveCivil TrialPlaDPlaDStart of the trialGuilty verdictUnit FiveJuriesThe right to a jury is protected by the 6th and 7th AmendmentsA jury is not requiredMost criminal cases are never brought to a trialMany resolved as a result of a plea bargainAn agreement to plead guilty to a lesser crime in exchange for a reduced or lighter sentence