Transcript What is Law - Doral Academy Preparatory School

WHAT IS LAW?
TM
Jurisprudence
.
• The study of law and legal
philosophy
TM
Laws and Values
• Law generally reflect and promote a
society’s values
• Our legal system is influenced by what
society considers to be right and wrong
***However everything that is immoral is not
criminal
Goals of our Criminal
Justice System
• Protecting basic human rights
• Promoting fairness
• Help to resolve conflicts
• Promote order and stability
• Promoting desirable social and economic
behavior representing the majority
• Protecting the rights of the minority
Laws and Values
Continued
• Laws can be based on moral,
economical, political or social values
• As values change, laws change
• Many laws may combine moral,
economical, political, and social
values
• Example: Laws against theft
Human Rights
• Rights that all people have because they
are human beings.
• Both government as well as private
citizens can violate human rights
• Human rights are observed by almost
every country in the world.
• UDHR: Universal Declaration of
Human Rights
Kinds of Laws
• Criminal Law :
• Regulate public conduct and set out duties owed by society
• A criminal case is a legal action that can only be brought on
by the government against a person charged with
committing a crime
• The person accused of the crime is called the defendant
• Criminal laws have penalties and offenders are imprisoned,
fined, placed under supervision or punished in some other
way.
• Felony: Penalty is a term of more than one year in
prison
• Misdemeanor: Penalty is a term of less than one
year in prison
Civil LAW
• Civil Law: Regulate relations between individuals and
groups of individuals in society
• A civil case is brought by the plaintiff (the person that
has suffered an injury)
• Civil Action: A law suit that can be brought on by an
individual who feels wronged or injured by another
• Class action: A law suit brought on by a group of people
who feel to be wronged by a private corporation or
government entity
Lawsuits
Why does a person bring forth a lawsuit?
• They have suffered a wrong
• They would like to establish liability
• Obtain a judgment
Burden of Proof
• In a criminal case, the burned of proof lie with the
prosecutor
• The prosecutor must prove their case beyond a reasonable
doubt
• The jury must be 99% convinced that the defendant committed
the crime
• OJ Simpson was acquitted
• In a civil case, the plaintiff wins by convincing the jury by a
preponderance of evidence
• The jury must be 51% convinced that the defendant is at fault
• OJ Simpson was found at fault in civil case and ordered to pay
damages
Trial: Burden of
Proof
• Difference burden depending on the nature of the case.
CIVIL CASE
CRIMINAL CASE
Preponderance of the
Evidence.
Beyond a reasonable doubt.
51% ?
99% ?
The End
• http://investigation.discovery.com/videos/crimes-ofthe-century-oj-simpson-videos/
• http://www.trutv.com/library/crime/serial_killers/pr
edators/kitty_genovese/1.html