3 Topics in law
-Systems of law
-Classifications of law
-Sources of law
Common Law
-English, judgement system, easy to follow, established rulings, predictable.
What is Common Law?
judge-made law, #1 influence was the decisions of English judges.
Civil Law
French System.
What is American law?
A combination of both civil and common law.
Laws are classified in two categories.
Criminal law and civil law
Criminal Law
based on the rules of society
Burden of Proof
-prove a defendant guilty beyond a reasonable doubt.
95% positive in criminal law.
What is the burden of proof in a civil case?
By a preponderance of the evidence. 51%
Which of the following was most important in the development of the "common law" of England?
Cases decided by English judges.
A judge is hearing a civil case in which neither side requested a jury. At the end of the trial the judge feels that the plaintiff's case is more worthy of belief than that of the defendant; however, the judge is not convinced "beyond a reasonable doubt.
Render the case in favor of the plantiff.
Double Jeopardy
Multiple criminal prosecution by the same sovereign are not permitted.
New evidence is discovered just after the jury's "not guilty" verdict? Can the prosecution "try again?
No.
Can the prosecution call it something else? For example, if a person was found "not guilty" of rape, can he be prosecuted for "assault and battery?
No
Can a person be prosecuted by a different sovereign for the same crime? Such as trying to take the life of a federal judge? Georgia escalating to United States.
Yes
Can someone who is found not guilty in a criminal court be sued in civil court?
Yes.
Sources of Law
Constitutions, legislation, administrative regulation, executive orders, case law.