375 ppt # 1

375 ppt # 1 - Criminal law Chapter 1 History of Evidence...

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Criminal law Chapter 1 History of Evidence Law
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Evidence Law is the set of rules that govern how trials are conducted Evidence Law applies to both civil and criminal trials
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Development of Law Western legal tradition may be traced to the Code of Hammurabi: first known written legal code Retributive, “eye for eye” philosophy Roman law next major codified set of legal principles influenced by Babylonian legal principles The Twelve Tables was the first entirely secular written legal code
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Common Law Judge made law Created by judges Justified decision by Reference to custom Tradition History Prior decisions
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Judges relied on previous judgements Developed the concepts of stare decisis and precedent
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Precedent and Stare Decisis Every final decision by a court creates a precedent Governs the court issuing the decision as well as any lower, or inferior court Courts in a state, usually bound to follow the decisions of the highest court in the state The state Supreme Court
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Federal courts are bound to the U.S. Supreme Court Precedent binding only on courts within the jurisdiction of the court issuing the opinion
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Stare Decisis means “let the decision stand.” If a prior decision on a legal issue applies to a current case, the court will be guided by that prior decision and apply the same legal principles in the current case Provide litigants with some degree of predictability
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Precedent is not necessarily unchangeable May be set aside, over – ruled, by legislature act if Constitutional The court issuing precedent may overrule it, or a higher court mat reverse the decision of the lower court
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Higher – level appeals courts are not bound by the judgments of lower courts They are bound only by the decisions of the courts above them Stare decisis involvers a respect for, and belief in, the validity of precedent Precedent is simply the influence of prior cases on current cases
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Stare decisis is a general rule there always exceptions Instead of overruling a decision courts seek to distinguish the prior case from the present case on the ground that the facts are slightly different
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Sources of Law Two main sources are judge made law, and legislative law which includes The Constitution Statutes (legislative enactments) and are collected in codes Ordinances Administrative regulations
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Sources of Individual Rights Individual rights are those rights that are possessed by the individual and protect
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This note was uploaded on 01/24/2012 for the course CJ 375 taught by Professor Jimcluphf during the Spring '12 term at Boise State.

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375 ppt # 1 - Criminal law Chapter 1 History of Evidence...

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