Defn: rules & regulations made & enforced by govt. that regulate the conduct of people within society. Jurisprudence study of law & legal philosophy.

Defn: rules & regulations made & enforced by govt. that regulate the conduct of people within society.

Jurisprudence study of law & legal philosophy

Every society ever existed has had laws!! (unwritten/written laws); without them you have confusion and disorder

Laws reflect/promote society’s values, what we think is right/wrong. Some reflect moral beliefs “thou shall not kill”—murder is illegal; but not all immorality is illegal lying to a friend is usually not illegal…

As values change, laws change; besides morality laws also based on economic, political, social values

Our legal system is expected to:1. protect basic human rights2. promote fairness3. help resolve conflicts4. promote order & stability5. protect environment6. represent will of majority7. protect rights of minority

Society is based on “rule of law” all members of society are required to support the legal system & obey its laws; no one is above the law!!

Basic human rights:1. Political freedom speech, press, religion, etc.2. Social – adequate education, food, housing, healthcare3. Economic right to job w/ fair/safe working conditions4. Environmental live in clean/safe environment

Criminal Laws regulate public conduct/set out duties owed to society; these cases its govt. against (? );

penalties jail, fines, probation, etc.A) felonies +1 year in jail (murder) B) misdemeanors -1 year in jail (theft)

OR

Civil Laws regulate relations between individuals or groups of individuals; civil action (lawsuit) person vs. person

penalties pay $, make amendsEx: divorce, contracts, negligence, etc.

*Some actions are both criminal and civil Joe beats up Bob, will pay Bob’s medical bills under civil law & be charged with

assault under criminal law*

In our legal system courts have lawmaking power. Their decisions establish legal principles and rules of law known as common law.

Two types of courts:

1. Trial Courts you have juries, witnesses, evidence, etc. There are 2 parties:

(Initiators of the Case) vs. (Party Responding)

Civil trial plaintiff vs. defendant Criminal trial prosecutor (govt.) vs. defendant

2. Appeals Court +1 judge (3-9 usually)

Defense Lawyers Plaintiff/Prosecution Lawyers

Both present Arguments to:

Change decision Keep decisionof trial court of trial court

An appeal is only possible when trial court makes an error of law judge makes a boo boo (i.e. wrong instructions, permitted evidence that shouldn’t have)

Once appeals court decides, sets a precedent for cases in future, & lower courts must follow it. Higher courts don’t have to.

When appellate court judges disagree:• Majority opinion wins!

• Judges who disagreed issue dissenting opinion• Judges who agreed but for different reasons issue a concurring opinion.

*These are important! Can become reasoning for future cases or majority opinions…

U.S. Supreme Court sets most important precedents! All U.S. courts must follow their decisions! The 9 justices usually only rule on 150 cases out of 5,000 appealed to them.

Important Facts:

Nominated by president; confirmed by Senate

Interpret Constitution & federal laws

Justices appointed for life (should they be above politics?)

A. Negotiation talk it out & try to reach a solution acceptable to all.

B. Settlement (agreement) before going to trial. Saves time & $.

C.Arbitration Both parties agree to have 3rd person listen to both sides & make a decision for them. Both sides have to follow it unless in non-binding arbitration.

D.Mediation like an arbitrator but can’t make a decision; listens, tries to help…

Definition: contest between opposing sides.

How it works judge/jury will determine the truth once the two sides present their best arguments & show weaknesses in the other side’s case.

• Criminal case prosecution must prove the defendant guilty beyond a reasonable doubt (harder to do than civil case…)

• Civil Case plaintiff must prove his/her case by a preponderance of evidence (greater weight of evidence)

• In Europe you have Inquisitional system, where judge is active directly in controlling the court, questioning, evidence, etc.

Judges/Juries

Judge presides over trial; protects rights of those involved

Jury Right to trial by jury is guaranteed by 6th & 7th Amendments, used in both federal/state courts:

1. Civil case either side decides if want a jury2. Criminal case defendant decides whether there will be a

jury

Requirements for Jurors

*Must be: U.S. citizen, 18 years old, resident of the state.

Jury is selected through voir dire, screening process, lawyers ask stuff to see if they have prejudices/preconceived opinions… Lawyers can remove jurors based on:

Removal for cause: incapable of giving fair/impartial verdict

Preemptory challenges: limited in #) doesn’t need a cause…

Lawyers

Those who go to court trial attorneys or litigators

Must follow standards of conduct set out in the Code of Professional Responsibility enforced by state bar association.

Must pass bar exam

If in violation of conduct can be disbarred (suspended) so no more license to practice law

You can sue lawyers for errors resulting in injuries/loss in a malpractice case.

Relationship between attorney & lawyer is protected by:

attorney-client privilege:

secret & confidential information can’t be disclosed without your permission.