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Jurisprudence is the study of law and legal philosophy

What is LAW? Rules and

regulations MADE and ENFORCED by government that regulate the conduct of people in a society.

Law is based on economic, social and political values

Laws have Limitations

Laws have Limitations

Laws have Limitations

The highest law:

The Supremacy Clause enables the Constitution to override any state or local law.

The Bill of Rights gives Americans individual rights

Things you need to know

CHECKS and BALANCES- Federalism is a method whereby states can limit the power of the federal govt. Can you think of a state law that affects your life?

THE AMENDMENT PROCESS- 2/3’s of both houses must pass it OR a convention is called in 3/4’s of the states. In BOTH cases the amendment must be RATIFIED by 3/4s of the state legislatures. (38 states)

INITIATIVE and REFERENDUM allows voters to vote on individual questions.

RECALL ELECTIONS allow voters to reverse election results.

Three branches of governmentExecutive Judicial Legislative

Lobbyists are individuals expressing opinions in person and phone calls designed to influence how their congressperson votes

The number one lobbyist in the nation?

The Supreme Court’s job is to Interpret the Constitution and make rulings on appeals from lower courts. The justices determine LEGISLATIVE INTENT of a law and make their decisions

SETTLING DISPUTES OUT OF COURTNEGOTIATION is the process by which people involved in a dispute talk to each other about their problem and try to reach an acceptable solution.

ARBITRATION- both parties agree to have another person

listen to their arguments and make a decision for them.

MEDIATION takes place when a third person helps the disputing parties talk about their problem and settle their differences. In all cases, a SETTLEMENT is what is being sought.

TYPES OF LAWS: CRIMINALMISDEMEANOR

Sless than a year

in jail; less than a $500 fine

FELONIESmore than one year in prison: more than

a $500 fine

And CIVIL CIVIL laws concern disputes among

individuals- a CIVIL ACTION , or LAWSUIT, is between two parties.

Difference between CIVIL and CRIMINAL systemsThe trial system in the US is an ADVERSARY SYSTEM. It is a contest between 2 sides. In CRIMINAL cases, the prosecution has the burden of proving the defendant guilty BEYOND A REASONABLE DOUBT. In a CIVIL case, the burden is on the plaintiff to prove his case by a PREPONDERANCE OF THE EVIDENCE.

Contrary to popular belief, most criminal cases never go to trial. Many defendants who are convicted plead guilty before the trial. In major cases, guilty pleas result from a process of negotiation among the accused, the defense attorney, and the prosecutor.

The prosecution will allow the defendant to plead guilty to a lesser charge in exchange for a lighter sentence.

Plea bargaining is used in this system

The adversary system is used here

Juries must be unanimous to have a decision

Most cases are settled through out of court settlements

Voir dire is used to screen jurors

The Sixth amendment requires a jury trial

Cases are decided by a preponderance of the evidence

Cases are decided beyond a reasonable doubt.

The loser is held liable for damages

THE JURY IS THE FINDER OF FACTS

Jurors are selected through a process known as a VOIR DIRE examination. Opposing lawyers may request the removal of a juror who appears incapable of rendering a fair verdict. This is called REMOVAL FOR CAUSE. Each attorney is also allowed a number of PEREMPTORY CHALLENGES, in which they do not have to state a cause for removal.

CRIMES MUST HAVE TWO ELEMENTS: An ACT and an INTENT. A MOTIVE is the reason WHY a person commits a crime

Who can identify

the first 2?