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The Courts - • State becomes a party because the person...

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The Courts Common Law 800 AD- England uniting lands into kingdom Used common standards across the kingdom Used in most English speaking countries Grew out of judicial decisions in early England Evolution of Common Law Decisions made by the king’s judges Based upon precedents in previous decisions. AKA Stare decisis- to let the previous decision stand Equity If you follow the previous criteria, you may make a mistake in justice Therefore legal decision based upon what is just and fair- equity Ex: Injunction- to stop train conductors from striking for the sake of everyone’s hunger Systems of Law Code Law- survived on the continent. Ex: Cannon Law of the Catholic Church is derived from Roman Law. o Organized and coded law o Already predetermined o Created by statutes Common Law- developed in England Civil Law Found in both systems Governs interactions among individuals and groups, not the state The state is the umpire Defines legal rights in civil relationships Criminal Law Found in both systems
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Unformatted text preview: • State becomes a party because the person is a part of the state and its in the interest of the state • Governs relationship between individuals and the state • Defines crimes against the public order Adversarial • Prosecution vs. defendant (criminal trial) • Plaintiff vs. defendant (civil trial) • Each side has the opportunity to be represented by counsel • Innocent until proven guilty • Judge can sometimes be umpire, asking questions and making statements. Make sure the law of the court is maintained. • Guilt or innocence decided by jury Inquisitorial • Judges as representatives of the state seek to determine the truth • Implicit assumption of guilt • Significant evidence presented by prosecutor • The accused must testify • Verdict by panel of judges Judicial Review • Not all judicial matters are constitutional • Abstract judicial review- wanting to know if a proposed law will be constitutional •...
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The Courts - • State becomes a party because the person...

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