Procedure - Street Law Unit 1

Values Behind Laws

Social Values β†’ Standard for behavior accepted by __society__

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

Moral Values β†’ Fundamental questions about __right and wrong__

**Example**: Laws against murder

Economic Values β†’ The accumulation, preservation, use, and distribution of __wealth__

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

Political Values β†’ 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 β†’ Requires beyond a __reasonable doubt__

**Example**: DNA, audio recordings, video recordings

Civil Cases β†’ Requires __preponderance of evidence__

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Burdens of Proof

Absolute Certainty β†’ **100**%, it __cannot be disproved__ that someone committed a crime

Beyond Reasonable Doubt β†’ >**90**%, there __cannot be reasonable doubts__ that a person is guilty

Preponderance of Evidence β†’ >**50**%, evidence is __stronger than the other party’s__ evidence

Probable Cause β†’ >**25**%, it is obvious a crime is being committed through __facts and circumstances__

Reasonable Suspicion β†’ >**10**%, a __guess or hunch__ that a crime is being committed

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Types of Law

Civil Action β†’ a __noncriminal lawsuit__ brought to enforce a right or undo a wrong

**Example**: A lawsuit for medical malpractice or discrimination

Civil Law β†’ 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 β†’ All law that focuses on crimes and their punishments

**Example**: Murder cases

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Dispute Resolution

Informal Talk β†’ __Casual discussion__ to resolve a problem

Negotiation Slightly __more formal discussion__ aimed at resolving a problem

Mediation β†’ A __neutral third party__ helps parties reach decisions themselves in a __less formal setting__

Arbitration β†’ An impartial __third party__ listens to both sides of a case and offers __binding__ suggestions

Court Action β†’ Legally binding agreement decided by a __judge or jury__

Settlement β†’ An agreement that ends a dispute

Binding β†’ A legal agreement that cannot be broken

Lawyers

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

Retainer Fee β†’ a __down payment__ used to hire an attorney

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

Legal Advertising β†’ Can be limited as it is considered __commercial speech__

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

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Legality & Morality

Legal but Immoral β†’ An action that __hurts people emotionally__, but is not illegal

**Example**: Cheating or breaking a promise

Illegal but Moral β†’ 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 β†’ Everyone, even government officials, are __responsible under the law__

Federalism β†’ The __separation of powers__ between the state and federal governments

Supremacy Clause β†’ 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 β†’ 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 β†’ 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 β†’ An official who investigates complaints against businesses, public entities, or government officials

Statuses β†’ Written laws enacted by legislatures that can be looked up in databases or books
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