Legal Systems, Court Procedures, and Criminal Law Basics

Law

provides structure to society

Common Law

based on tradition and customs

Modern Law

based on adoption and creation

Law History

How law has evolved over time due to societal custom shifts and people becoming more educated

How does geography vary law?

Cultural Customs

Executive Branch

Presidential

Legislative Branch

Congress

Judicial Branch

SCOTUS

Checks and Balances

How the government balances power between each branch

Code Law

Written by Congress, signed into “code” by Executive

Case Law

court decisions; how the court interprets the law

Court

where judges have the authority to hear and decide disputes

Jurisdiction

power/authority for court to decide dispute

Venue

The location where the dispute is handled

Original Jurisdiction

where the dispute started

appellate jurisdiction

court of review & does not conduct trial, handles appeals

general jurisdiction

handles everything else

limited jurisdiction

handles only one thing

state courts

1. state supreme

2. state court of appeals

3. state superior

4. municipal

5. small claims

handles state law specifically

federal court

1. SCOTUS

2. federal court of appeals (circuit court)

3. district court

4. other federal courts

handles federal law specifically

U.S. Supreme Court

highest court in the federal court system

Complaint

story provided by plaintiff

Plaintiff

Person making complaint

Service of Process (summons)

receipt of complaint delivered to other side; “you’ve been summoned to court”

Alternative Dispute Resolution

a retired judge, executive, etc. who is rented to resolve disputes privately

Crime = Criminal Law

We all have a responsibility to society to obey the law

Tort = Civil Law

We all have a responsibility to each other to not harm our own and others' property, intelligence, and respect

Law and Technology

Law always follows technology.

Felony

Any crime punishable by 1 year or more in a state prison.

Misdemeanor

Every other crime that is not a felony.

Infraction

Breaking a law, rule, or agreement.

Common Law vs. Modern Law (Corporate Responsibility)

In the Common law, if a corporation dumps waste into a river, the law struggles to punish the individual for following corporation's orders

In Modern law, the individual is still punished for following corporate orders.

Mental Intent

State of mind; did you do it on purpose or accidentally?

Commission

Intentional act

Omission

Negligence

Larceny

Taking the personal property of another intending to permanently deprive the owner thereof.

Robbery

Larceny with force or threat of force.

Burglary

Breaking and entering the dwelling house of another at night with the INTENT to commit a felony therein.

Modern Law Definition of Burglary

Anyone who enters any building, vessel, boat, railroad cart, sealed cargo container, whether on a vehicle, or in a mine(cart), with the intention of burglary is punishable.

Arson

Intentional burning of the dwelling house of another.

Forgery

The fraudulent making or altering of a document.

Self-defense

Justifiable use of force, justifiable only by 'like kind action'.

Insanity

If you could not discern the difference between right and wrong, then you did not commit a crime.

Infancy

If too young/immature to understand the nature of the crime, they are not criminally liable.

Intoxication

Voluntary intoxication while committing a crime does not get excused; involuntary intoxication can be a defense.

Immunity

An agreement with the prosecutor in exchange for testimony.

Fruit of a Poison Tree

Prosecution has obtained evidence wrongfully.

Search and Seizure

Prosecution cannot search for evidence without a warrant.

Statute of Limitations

Time period; everyone is entitled to a fair and speedy trial; no statute of limitations for murder.

Double Jeopardy (5th Amendment)

Constitution bans people from being tried for the same offense twice.

Torts

A civil/public wrong, not a crime.

Duty

We have a duty to each other to not make other people's lives harder.

Damages

Money paid for damaging someone else's property & compensating loss.

Breach

Failure to fulfill formal agreement or duty

Intentional infliction of emotional distress

A tort where one party intentionally causes severe emotional trauma to another.

Fraud

Intentional misstatement of fact to manipulate someone to do something they wouldn't do had they known the truth.

Defamation

A statement that subjects a person's reputation to ridicule by the community; lowers someone's esteem/reputation in society.

Libel

Written defamation.

Slander

Verbal defamation.

Interference with Contractual Relations

When a third party interferes with a contract relationship between two parties.

Invasion of Privacy

The right to be left alone, applies to personal and property privacy.

Trespass

Unconsented entry upon a land of another's.

Assault

An attempted battery.

Battery

The harmful or offensive unconsented touching of another.

Negligence

Failure to act as a reasonable person would act under similar circumstances.

Assumption of risk/injury

Acknowledging the risks associated with an activity.

Contributory negligence

Contributing to your own injury

Comparative negligence

Weighs fault between employer and employee.

Res ipsa loquitor

The facts speak for themselves.

Separation of Powers

The division of government responsibilities into distinct branches.

Due Process (5th Amendment)

People cannot be deprived of their life, liberty, or property; entitled to a judicial hearing.

Strict Liability

A strict duty to keep others or yourself safe.

Product Liability

Products must be safe for their intended use and for potential misuse.