Law studies Ch. 1-3

What are four goals of law?

Promoting fairness

Helping resolve conflicts

Promoting order and stability

Protecting basic human rights

Values that Laws Reflect and Promote

Moral, economic, political, and social

Kinds of Laws—Criminal Laws

Criminal laws involve the government telling the people what they may and may not do. Criminal laws are always brought by the government who are represented by the District/State Attorneys who are the prosecutors.

Kinds of Laws—Civil Laws

Civil laws are laws passed by the government to regulate between people, businesses or groups. Civil laws result in lawsuits and are brought by one person or group against another person or group.

In criminal laws/trials, who is the case brought by?

a prosecutor

In civil laws/trials, who is the case brought by?

a plaintiff

What must the prosecutor in a criminal trial prove to the jury?

Beyond a reasonable doubt

How must the plaintiff in a civil trial prove his case?

Preponderance of the evidence

Criminal laws

Laws that regulate public conduct and set out certain duties owed to society by establishing crimes and their punishment.

Felonies

Serious criminal offenses punishable by more than one year in prison.

Misdemeanors

Less serious criminal offenses punishable by one year or less in prison.

Civil laws

Laws that regulate relations between individuals and entities such as corporations, including torts and contracts.

Plaintiff

The party bringing an action against an alleged wrongdoer in a civil case.

Defendant

In a criminal case, the person who allegedly committed the crime, and in a civil case, the alleged wrongdoer.

Prosecutor

The government attorney in a criminal case.

Beyond a reasonable doubt

The standard of proof in a criminal trial based not on 100% certainty but on the absence of any reasonable doubt.

Preponderance of the evidence

The standard of proof in a civil trial which requires proof that it is more likely than not that the plaintiff’s allegations are true (essentially a 51% standard).

Legislature at federal level:

Congress (divided into the House of Representatives and the Senate)

Legislature at state level:

State Legislature (usually also divided into two parts)

When a bill is being considered by a legislature, what do they think about?

1. Is the law written in clear language?

2. Is the law understandable?

3. Does the law contradict any other laws?

4. Is the law enforceable?

5. Are the penalties for breaking the law clear

and reasonable?

Legislatures

The primary lawmaking bodies in a government.

Bills

A proposed law being considered by a legislature.

Legislative intent

What the lawmakers who passed the law wanted the law to mean.

Statutes

Laws written and enacted by legislatures.

Advocacy

the active support of a cause or an issue.

Lobbying

Influencing or persuading legislators to take action to vote a certain way.

Initiative

A procedure in which ordinary people can propose a law and submit it to the voters for approval.

Referendum

A procedure in which legislators refer a proposed law to the voters for approval. voted on

Recall

A procedure to remove an elected official from office upon a vote of the people.

Voting

basic constitutional right. In general, eligible citizens in a democracy elect representatives to act on their behalf when making and enforcing laws.