Aug 29 - B LAW 243 Exam 1 Wednesday, August 29, 2007 What...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
B LAW 243 Exam 1 Wednesday, August 29, 2007 e What is the law? o Rules set by whoever is in charge—Romans pretty much developed the concept of law— o Ordinance—more specific, localized e Can’t control everything e The English when they realized you can’t have a statute for every situation, began to pass these unique situations onto the court since—decisional law, English common law, court made law e Court makes a decision, therefore makes a law o First time case of first impression; sets precedent for similar cases e Stare decisi—Latin—“let the decision stand” e Car, animal, rear end example e e Does statute override decisional law? Yes. If no statute, decisional prevails e Changing statutes amend, repeal e Statutory law is fixed until legislature takes affirmative action e Decisional law—in a state of evolution—can be changed by the courts; the courts adapt to societal changes (values, morals, etc. change) e Tree falling on your house from neighbors yard example—circumstances change over time e e Subsiditive law = decisional law + statutory o Purpose: to protect and recognize the rights of the people e Need laws to tell us how we can enforce our rights, known as procedural law e Civil law—personal rights within society e Rights of state/society—ex, speeding—criminal law e Civil rights—rights society recognizes e Criminal law—“pure statutory law”—true & false
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
o In order to have a crime you have to have a statute e Everybody is presumed to know the law e Have to do exactly what is prohibited—statutes are strictly construed e How does society enforce its rights? Prosecuting attorneys o Innocent until proven guilty o Proof beyond reasonable doubt e Why false? Ex- Murder- unjustified, unlawful killing of another human by a human—abortion? –courts interpret the language of a statute e Decisional law can never create a crime (statute) Friday, August 31, 2007 e What makes up the law? e Criminal law strictly construed in favor of the defendant—has to exactly break statute e Civil law—personal rights have been violated—you sue seeking damages, monetary—you file suit e Cause of action—have to have to sue—look at statutes and previous cases—mostly look to subsiditive law (combination) e Suing for compensation therefore if no damages to reimburse, you may not have a cause of action e Liable —refers to financially responsible (no guilty or innocent in civil law) e *Preponderance of the evidence—doesn’t have to be beyond a reasonable doubt—scales only have to be tipped one way or the other because no one is being punish -Different burdens of proof in civil and criminal e Plaintiff—suer—person whose rights have been violated e Defendant(s)—sued
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 03/30/2008 for the course B LAW 243 taught by Professor Corneal,davidbar during the Fall '07 term at Pennsylvania State University, University Park.

Page1 / 24

Aug 29 - B LAW 243 Exam 1 Wednesday, August 29, 2007 What...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online