Objectives of law - law exists to influence behavior
Hammurabi--in one of the oldest law codes known to man opined that "law exists to protect the weak from the strong"
As a society we criminalize behavior that we wish not to tolerate and in that way we seek to deter or influence certain beha...
MSU GBL 385-EXAM 1 BEHAN
Objectives of law - law exists to influence behavior
Hammurabi--in one of the oldest law codes known to man opined that "law
exists to protect the weak from the strong"
As a society we criminalize behavior that we wish not to tolerate and in that
way we seek to deter or influence certain behavior; we do the same with
civil law.
statutory law - Our legal representatives pass laws (both civil and criminal)
in the form of statutes and codes
common law - Court's make law in the way that they interpret law - we call
this case law. We adopted the common law from England and we have added
to it over the past 230+ years. Many of the "rights" that we hold dear to us
come from the common law (case law) - 'right to privacy'
precedent - an earlier event or action that is regarded as an example or guide
to be considered in subsequent similar circumstances.
(stare decisis)
criminal law - statutory in nature.
Civil Infractions
Not Considered Crimes (limited to fines)
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Two basic types of crimes:
Felonies: imprisonment of more than one year; death penalty
Misdemeanors: imprisonment of one year of less
civil law - Anything that is not criminal in nature.
The idea behind civil law is that civil law allows for people to live together,
work together, and rely upon each other in a more orderly and civilized
manner.
Whether we embrace the idea or not, we all rely upon each other in one
fashion or another- we place our safety and safety of our families in each
others hands on a daily basis. Civil law is the law of contracts, and property,
and torts, and employment, and divorce, and inheritance, and tax - AND SO
MANY OTHERS
Burden of proof - A requirement that more
then 50% of
the evidence points to
something
For example: At the end of
civil case A v. B, 51% of
the evidence favors A. Thus,
A has a preponderance of
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