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
Burdens of Proof In Trial
Criminal Cases → Requires beyond a reasonable doubt
Example: DNA, audio recordings, video recordings
Civil Cases → Requires preponderance of evidence
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
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
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
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
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
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
Burdens of Proof In Trial
Criminal Cases → Requires beyond a reasonable doubt
Example: DNA, audio recordings, video recordings
Civil Cases → Requires preponderance of evidence
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
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
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
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
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