Procedure - Street Law Unit 1

Values Behind Laws

Social Values → Standard for behavior accepted by society

Example: Free education laws, school sports changing from boys only to boys & girls

Moral Values → Fundamental questions about right and wrong

Example: Laws against murder

Economic Values → The accumulation, preservation, use, and distribution of wealth

Example: Laws that give tax cuts to businesses, laws against shoplifting

Political Values → The relationship between the government and the people

Example: Laws that make it easier to vote

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Burdens of Proof In Trial

Criminal Cases → Requires beyond a reasonable doubt

Example: DNA, audio recordings, video recordings

Civil Cases → Requires preponderance of evidence

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Burdens of Proof

Absolute Certainty → 100%, it cannot be disproved that someone committed a crime

Beyond Reasonable Doubt → >90%, there cannot be reasonable doubts that a person is guilty

Preponderance of Evidence → >50%, evidence is stronger than the other party’s evidence

Probable Cause → >25%, it is obvious a crime is being committed through facts and circumstances

Reasonable Suspicion → >10%, a guess or hunch that a crime is being committed

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Types of Law

Civil Action → a noncriminal lawsuit brought to enforce a right or undo a wrong

Example: A lawsuit for medical malpractice or discrimination

Civil Law → All law that does not involve criminal matters and instead deals with the rights and relationships between people, groups, businesses, and things

Example: torts, contract law

Criminal Law → All law that focuses on crimes and their punishments

Example: Murder cases

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Dispute Resolution

Informal Talk → Casual discussion to resolve a problem

Negotiation Slightly more formal discussion aimed at resolving a problem

Mediation → A neutral third party helps parties reach decisions themselves in a less formal setting

Arbitration → An impartial third party listens to both sides of a case and offers binding suggestions

Court Action → Legally binding agreement decided by a judge or jury

Settlement → An agreement that ends a dispute

Binding → A legal agreement that cannot be broken

Lawyers

Contingency Fee → A fee paid based on what the client is awarded or settles for in a lawsuit

Retainer Fee → a down payment used to hire an attorney

Legal Malpractice → lawyers can be sued by clients for serious errors that result in injury or loss

Legal Advertising → Can be limited as it is considered commercial speech

Attorney-Client Privilege → Clients may admit to crimes to attorneys and under contract, the attorney cannot tell anyone

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Legality & Morality

Legal but Immoral → An action that hurts people emotionally, but is not illegal

Example: Cheating or breaking a promise

Illegal but Moral → An action that is illegal but benefits the greater good

Example: Hurting someone in self-defense

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Other

Basic Principles Of Law → Everyone, even government officials, are responsible under the law

Federalism → The separation of powers between the state and federal governments

Supremacy Clause → Federal law should be followed over state law if there is a disagreement between the two. States can be more restrictive but not less restrictive than the federal government

Universal Declaration of Human Rights → Declaration by the UN that forces all members to uphold a standard of human rights in their country. It protects the basic human rights of people everywhere

Gideon v Wainwright → Ruled that a defendant who committed a felony has the right to an attorney. If they cannot afford a lawyer, one will be provided to them by the state

Ombudspersons → An official who investigates complaints against businesses, public entities, or government officials

Statuses → Written laws enacted by legislatures that can be looked up in databases or books