LJA Chapter 1

Introduction to Law and Advocacy — Comprehensive Study Notes

• What is law?

  • A set of rules and procedures usually intended to regulate some aspect of society.
  • Important for understanding how society functions; relevant to future lawyers, police officers, and fulfilling social science requirements.
  • Law governs conduct and provides the framework for disputes and social order.

• Why learn about the law?

  • For future professionals (lawyers, police, public service).
  • To satisfy academic requirements.
  • To be aware of the rules that structure social interactions and governance.

Origins and Major Types of Law

• Origins of the Law

  • Actions of government and religions influence legal rules.
  • Differences between government and religious sources reflect differences in sources of law.
  • Historical roots trace to ancient times.

• Two overarching kinds of legal systems

  • Civil Law
  • Common Law

Civil Law

• Definitions
  • A type of law that controls private disputes between parties.
  • A legal system based primarily on written laws or codes (Constitutions, Statutes, Ordinances).
• Role of legislature and courts
  • Legislature makes statutes.
  • Courts interpreting the law generally do not create precedent.
• Global presence
  • Civil law is common worldwide; still predominant in many countries (e.g., France).

Hammurabi’s Code (Historical example)

• Overview
  • One of the earliest known codified legal systems; consists of 282 laws.
  • Demonstrates early concept of fixed rules governing behavior.
• Examples
  • If a man stole, he was put to death.
  • If a man and woman became husband and wife, they assumed each other’s debts.
  • If a builder built a house for another, he was obligated to pay the builder.

Common Law

• Definition and origin
  • A body of law developed through the courts (case law).
  • Prominent in the United States and many other jurisdictions.
• How it works
  • Based on precedent: decisions from earlier cases guide later rulings.
  • Binding Precedent: a court must follow previous decisions.
  • Persuasive Precedent: the previous decision is guidance but not required to be followed.
  • Stare Decisis: "It stands decided"—the principle of following precedent.
• United States context
  • The U.S. system is a hybrid: written codes (U.S.C.) and common-law interpretations.
  • Federal judiciary interpretations of written law become binding on courts.

Key Statutes, Concepts, and Definitions (Selected excerpts)

• Violent Felony – 18 U.S.C. § 924(e)

  • Elements: (i) has an element the use, attempted use, or threatened use of physical force against the person of another; or (ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of injury to another.
  • Expressed in statute as a category of offenses with enhanced penalties.
  • Displayed conceptually as:
    $18\ \text{U.S.C.}\ 924(e)$
    $\text{Violent Felony: (i) use/attempt/threaten physical force; or (ii) burglary/arson/extortion or explosives risk.}$

• Violent Felony – Elements Clause (18 U.S.C. § 924(e) elements clause)

  • A violent felony has as an element the use, attempted use, or threatened use of physical force against the person or property of another.
  • Display:
    $18\ \text{U.S.C.}\ 924\ (\text{elements clause})$
    $\text{Violent Felony: element of force against person or property.}$

• Robbery by Sudden Snatching – Florida Statute § 812.131

  • Definition: Taking of money or property from the victim’s person with intent to permanently or temporarily deprive the owner, when the victim is aware of the taking.
  • Not required to show: (a) force beyond that necessary to obtain possession, (b) resistance or injury.
  • Note the statutory language narrows or clarifies required proof for this specific offense.

• Mailing a Threatening Communication – 18 U.S.C. § 876(c)

  • Whoever knowingly deposits or causes to be delivered any communication containing threats to kidnap or injure the addressee or another.
  • Penalties: fines or imprisonment up to 5 years, or both; if addressed to a U.S. judge, a federal law enforcement officer, or an official covered by 18 U.S.C. § 1114, penalties can be up to 10 years.

• Possession in Furtherance of a Federal Crime

  • 18 U.S.C. § 924(c)(1)(A): During and in relation to a crime of violence or drug trafficking, uses or carries a firearm, or possesses a firearm in furtherance of such crimes.
  • Expressed as: $18\ \text{U.S.C.}\ 924(c)(1)(A)$

• What is a Crime of Violence?

  • 18 U.S.C. § 924(d)(3)(A) references the term as defined in § 924(c)(3).
  • 18 U.S.C. § 924(c)(3) defines crime of violence for purposes of § 924(c).
  • Definition (summary): a felony offense that has an element of force or a substantial risk that force may be used in committing the offense.
  • Expressed as:
    $18\ \text{U.S.C.}\ 924(c)(3)$
    $\text{Crime of Violence means a felony with either (a) a force element or (b) substantial risk of force.}$

• Hobbs Act Robbery – 18 U.S.C. § 1951

  • Definition: Whoever obstructs, delays, or affects commerce by robbery or extortion, or attempts or conspires to do so, or commits or threatens violence in furtherance of such acts.
  • Purpose: to criminalize violence in pursuit of economic objectives impacting interstate commerce.
  • Express: $18\ \text{U.S.C.}\ 1951$

• Robbery – 18 U.S.C. § 1951(b)(1)

  • The unlawful taking of personal property from another, by force, violence, or fear of injury, immediate or future, to the person or property of the victim, or of someone in their custody or presence.

• 18 U.S.C. § 924(e) Residual Clause

  • A residual catch-all that covers burglary, arson, extortion, explosives, or other conduct presenting a serious risk of injury.

• Civil Law in the United States – Civil Law jurisdiction in the U.S.

  • Question historically cited: Which state is the only Civil Law jurisdiction? The slide cites Arkansas as the Civil Law jurisdiction (note: Louisiana is also a civil law jurisdiction in reality; this reflects slide content).
  • Jurisprudence (philosophy of law) categories:
    1) Natural theory of law
    2) Legal positivism
    3) Legal realism

• Jurisprudence: Major Theories

  • Natural Law
  • Law reflects moral, unchangeable laws of nature; unjust laws need not be obeyed.
  • Examples referenced: Jim Crow laws and civil disobedience.
  • Legal Positivism
  • Validity of law is separate from morality; if law is properly enacted, it must be followed.
  • Legal Realism
  • Law is created by humans; thus susceptible to human error and bias; laws reflect real-world conditions and outcomes.
  • Notable historical cases cited for realism and critique of legal rules: Dred Scott v. Sanford (1857); Plessy v. Ferguson (1896); Brown v. Board of Education of Topeka (1954).

• Categories of Law (overview)

  • 1) Sources of law
  • 2) Substantive law vs. Procedural law
  • 3) Criminal law vs. Civil Law

Sources and Types of Law

• Sources of Law
  • Constitutional Law
  • Statutory Law
  • Case Law
• Substantive Law
  • Defines rights and obligations; forms the basis for a lawsuit.
• Procedural Law
  • Dictates how people enforce rights and obligations; includes court rules and procedures.

Substantive and Procedural Examples

• Substantive Criminal Law
  • Example: Burglary (Florida Stat. 810.02(1)(a))
  • Entering or remaining in a dwelling, structure, or conveyance with intent to commit an offense therein; exceptions include premises open to the public or licensed/invited entrants.
  • Substantive Civil Law: Common law negligence (tort law)
  • Elements generally include: Injury, Duty, Breach, Causation.
• Procedural Law
  • Federal Rules of Civil Procedure (Rule structure, case management, remedies)
  • Federal Rules of Criminal Procedure (criminal procedure rules)

Criminal vs Civil Law – Core Distinctions

• Nature of the dispute
  • Criminal Law: Government vs. Citizen; violation of public laws; consequences involve liberty and public order.
  • Civil Law: Dispute between private parties or organizations; monetary or injunctive remedies.
• Typical examples
  • Criminal Law: Burglary, Theft, Arson, Murder.
  • Civil Law: Injunctions, Contracts, Torts, Corporations.
• Due process basics (criminal emphasis)
  • Existence of a law prohibiting the conduct; law must be sufficiently certain and clear; penalty must be described.
• Due process basics (civil emphasis)
  • Focus on rights, remedies, and procedural protections in civil disputes.

Battery – Criminal and Civil Context

• Example: Battery
  • Statutory: Fla. Stat. 784.03(1)(a) – intentionally touching or striking another person against their will.
  • Common Law Battery: Intentional causation of harmful or offensive contact without consent.
• Jurisdiction and court structure notes
  • Jurisdiction: Power/authority of a court to hear cases and render judgments.
  • Distinctions across criminal vs civil, federal vs state, trial vs appellate, and geographic scope.

Court Structure, Trials, and Proceedings

• Court placement (criminal vs civil)
  • Court location and type depend on potential penalties and remedy sought.
• Jury and representation
  • Jury rights: Right to a jury trial when possible penalties exceed certain thresholds; generally, both parties have rights to jury trials if money damages are sought.
  • Attorneys: Prosecutor represents government; defense counsel represents the accused; courts appoint counsel for indigent defendants; individuals may represent themselves but typically hire lawyers.

Burden of Proof, Verdicts, and Appeals

• Burden of Proof
  • Criminal: Beyond a reasonable doubt.
  • Definition: The standard that the evidence excludes reasonable hypotheses of innocence.
  • Civil: Preponderance of the evidence (essentially at least 51%).
• Verdicts
  • Criminal: Must be unanimous in many jurisdictions; jury or judge determines guilty/not guilty.
  • Civil: Jury or judge determines liability; some jurisdictions require unanimity for civil verdicts as well.
• Punishment/Remedies
  • Criminal: Incarceration, probation, fines;
  • Civil: Damages (monetary compensation), injunctions, other court orders.
• Appeals
  • Generally available to the defendant in criminal cases; civil appeals may be available to either party depending on jurisdiction and issues.

Practical and Ethical Implications

• The tension between tradition (precedent) and reform (natural law, civil rights advances).
• The role of jurisprudence in shaping policy and social outcomes (e.g., Brown v. Board of Education as a civil rights milestone).
• The impact of statutory language and its precision on due process and fair notice.
• Ethical considerations in the application of the law, including disparities in enforcement and access to justice.

Quick Reference: Key Statutes and Terms (Recap)

• $18\ \text{U.S.C.}\ 924(e)$ — Violent Felony definition (elements and risk-based criteria).
• $18\ \text{U.S.C.}\ 924(c)(1)(A)$ — Use or possession of a firearm in relation to a crime of violence or drug trafficking.
• $18\ \text{U.S.C.}\ 924(d)(3)(A)$ and $924(c)(3)$ — Definition of crime of violence for purposes of § 924(c).
• $18\ \text{U.S.C.}\ 1951$ — Hobbs Act Robbery (obstruction of commerce via robbery/extortion).
• $18\ \text{U.S.C.}\ 1951(b)(1)$ — Robbery definition (unlawful taking by force, fear, or intimidation).
• $18\ \text{U.S.C.}\ 876(c)$ — Mailing a threatening communication (penalties up to 5 or 10 years).
• $18\ \text{U.S.C.}\ 924(c)(1)(A)$ — Firearm use in relation to crime of violence or drug trafficking.
• $18\ \text{U.S.C.}\ 924(e)\text{ residual clause}$ — Additional listed offenses with serious risk of injury.
• $18\ \text{U.S.C.}\ 1951\ (Hobbs Act)$ — Robbery/extortion impacting interstate commerce.
• Florida Statutes: $Fla.\ Stat.\ 812.131$ — Robbery by sudden snatching.
• Florida Statutes: $Fla.\ Stat.\ 810.02(1)(a)$ — Burglary (entering/remain with intent to commit offense).
• Florida Statutes: $Fla.\ Stat.\ 784.03(1)(a)$ — Battery (intentional touching or striking).
• Jurisdiction and jurisprudence themes: Constitutional Law, Statutory Law, Case Law; Substantive vs Procedural; Natural Law vs Legal Positivism vs Legal Realism.

Connections to Foundational Principles

• The civil vs common law divide reflects foundational views about the sources of authority (codes vs. case-based development).
• The use of precedent (Stare Decisis) demonstrates how stability and predictability are balanced with evolving fairness and social norms.
• Philosophical theories (Natural Law, Legal Positivism, Legal Realism) frame debates on legitimacy, morality, and the role of judges in interpreting and applying the law.
• The practical application of these ideas is visible in modern jurisprudence and policy decisions (e.g., civil rights cases, due process protections).

Study Tips

• Distinguish between substantive vs procedural, and criminal vs civil contexts when reviewing statutes.
• Memorize the key statute references and their basic elements (e.g., 924(e), 924(c), 1951, 876(c), 812.131, 810.02).
• Understand the role of precedent and how binding vs persuasive precedent can influence outcomes.
• Reflect on the ethical implications of different jurisprudential theories when evaluating landmark cases.