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Legal Environment Lecture Notes Unit 1

Legal Environment Lecture Notes Unit 1 - Legal Environment...

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Legal Environment Lecture Notes 1. Intro to Law a. Systems of Law i. Common Law 1. Accepted Legal system of Great Britain during rebellion in 1776. 49 of 50 states accept common law, the exception is Louisiana 2. Common laws foundation has respect for judicial review a. Once a decision is made on case, it should be respected, and future cases of similarity should be judged accordingly b. This is how the common law became established ii. Civil Law (Louisiana is the only state accepting this) 1. Louisiana came from French and Spanish law 2. Civil law based upon written code a. Formal written code (religious, or decreed) b. Napoleonic code is this c. Roman Code i. Roman Code and Napoleonic code make up the Louisiana Code d. Common Law is more evolutionary and reactionary, while civil is more initiative. i. Common law responds to the cases at hand, but civil laws are set in place initially before the laws are “broken.” However, it is my understanding that the laws are changed due to something changing in the behavior; there fore, a reaction to the new behavior. iii. Others: 1. Religious Law 2. Classifications of Law a. Criminal Law v. Civil Law i. Criminal Law: Action of Government against accused ii. Requires burden of proof when prosecuting defendant 1. Government must overcome assumption of innocence beyond reasonable doubt. 2. Not guilty means that there is reasonable doubt that the defendant didn’t do the crime 3. Beyond reasonable doubt can be compared to being inside the 5 yard line in football 4. Not guilty is not the same as innocence Not Guilty means not proven b. Civil law is private litigation i. Plaintiff v. Defendant ii. Doesn’t involve prison; only money and economic penalties
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iii. There is also a burden of proof in civil 1. By preponderance of doubt 3. Double Jeopardy a. Multiple criminal prosecutions by the same sovereign i. This is NOT allowed b. New evidence is discovered just after jury’s “not guilty” verdict i. Trial still cannot be retried c. Can the prosecution call it something else, such as rape the first time and assault and battery the second? i. No d. Can he be prosecuted by another sovereign? i. Example: if the state of Georgia prosecutes someone for attempting to take the life of a federal judge, and the defendant is found “not guilty” be prosecuted by the United States? 1. Absolutely a. Terry Nichols of Oklahoma e. Can the defendant be sued in civil if found not guilty in criminal court? i. Yes. 1. OJ Simpson f. Liable and Guilty are not the same thing. i. Liable is used in civil cases as responsible for the harm done ii. Guilty means that the defendant did the crime in a criminal case 4. Sources of Law a. Constitutional Law i. Foundation of our law ii. We in US have both State and Federal law 1. State constitution
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Legal Environment Lecture Notes Unit 1 - Legal Environment...

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