Law unit 1

Definition of Law

___ is the set of clear and consistently enforced rules a group or community uses to regulate the conduct of the people within it.

Key Focus: Content and Authority. It answers the question, "What are the rules?"

Rule of Law

A broader political and philosophical principle stating that no individual, government, or leader is above the law. Key Focus: Fairness, Limits on Power, and Equality. It answers the question, "How should laws be applied and who do they govern?"

Laws must be clear, well-understood, and fairly enforced.

Law Values

Moral, Social, Political, and Economic are all ___ ______

Criminal Case

is a legal proceeding initiated by the government (local, state, or federal) against an individual or entity accused of committing a crime.

Main parties: Prosecutor vs. Defendant

Primary Goal: To prove the defendant is guilty of a crime.

Burden of Proof: Beyond a reasonable doubt

Outcomes: Can include fines, probation, community service, loss of certain civil rights, and deprivation of liberty through jail or prison time (or, in extreme cases, capital punishment).

Civil Case

Its a legal dispute between private individuals, businesses, or government entities regarding rights, responsibilities, or financial damages.

Main Parties: Plaintiff vs. Defendant

Primary Goal: To resolve a dispute, usually for monetary damages.

Burden of Proof: Preponderance of the Evidence

Outcome: The court orders financial compensation (monetary damages), property transfer, or an injunction (ordering a party to do or stop doing something).

Beyond a reasonable doubt

is the highest standard of proof in the legal system, used exclusively in criminal trials. To convict a defendant, the prosecution must prove their guilt to such a high degree of certainty that there is no reasonable, logical doubt remaining in the minds of the jury.

Preponderance of the evidence

is the standard of proof used in most civil lawsuits (such as personal injury, contract disputes, or property claims). To win a case under this standard, a party must prove that their claim is more likely true than not true—essentially a more than 50% probability.

Misdemeanor

is a mid-level criminal offense that is less severe than a felony, but more serious than a minor infraction (like a simple speeding ticket). It is typically punishable by up to one year in a local jail, probation, community service, or fines.

Felony

Its the most serious category of crime in the legal system, typically punishable by more than one year in prison, substantial fines, or in extreme cases (such as capital murder), the death penalty.

Legal Duty

A scenario where you harmed someone, accident or not and must now help them (ex. car accident)

Affirmative Duty

Is the requirement to act due to assumed responsibility by one party through a contract or otherwise. (ex. Lifeguard has to help a drowning person)

Executive Branch

Its primary job is to execute laws passed by Congress, direct national defense and foreign policy, manage the federal bureaucracy, and run day-to-day government operations.

Made up of:

President, Vice President. Cabinet, and Federal Bureaucracies, and Agencies

Legislative Branch

Its primary job is to draft, debate, and pass federal laws, allocate government funding (the "power of the purse"), declare war, and oversee the Executive Branch.

Senate: 100 Senators, Led by the Vice President

The House of Representatives: 435 Representatives, Led by speaker of House

Judicial Branch

Its primary job is to interpret laws, resolve legal disputes, and determine whether laws or government actions violate the Constitution (a power known as Judicial Review). It is made up of the federal court system, headed by the U.S. Supreme Court, which consists of 9 Justices (1 Chief Justice and 8 Associate Justices) who serve lifetime appointments after being nominated by the President and confirmed by the Senate.

Statue

A formal, written law passed by a legislature (like Congress or a state government).

Ordinance

A local law created by a city, town, or county government that applies only within that specific municipality's borders.