Blaw exam note Essay

7342 WordsDec 2, 201330 Pages
BLAW 243 STUDY GUIDE Wednesday, January 11 2010 I. What is law? a. Rules  rules come from who ever is in charge b. Golden Rule: those who have the gold make the rules c. We as people came upon 2 different ways of making rules i. The Romans: wrote everything down and gave us statutory law 1. Statute: laws that are written down. Passed by major legislature. 2. Ordinance: a statute local in nature. Have limited effect because they’re in a limited area. 3. US government creates statutes ii. England: thought of all possible things that occur and established a court system to have power to create laws  DECISIONAL LAW d. Decisional Law Example: person 1 shoots deer, person 2 brings deer down. Court must make a decision who the…show more content…
People found innocent because it wasn’t an actual highway. Police charged them with the wrong crime. f. Statutes are strictly construed  must do EXACTLY what is prohibited g. NO STATUTE, NO CRIME! Friday, January 14, 2011 Statutory & Decisional Law  Civil (individual), Substitutive, and Criminal (society) Procedural Law  instruction manual I. Civil Law: want to be paid for damages someone has done to you, so you sue for monetary compensation a. Need preponderance of the evidence: weighing of the evidence b. In civil law, you are not found guilty, you are found Liable: responsible for reimbursing the plaintiff c. In civil cases, we are looking for who has the most evidence  preponderance of the evidence is who the information is more toward. d. Civil litigation: used to compensate someone for how much money was lost. Must reimburse victim for his loss. e. How can you be innocent criminally but liable civilly? i. If you had a preponderance of the evidence, but you’re not guilty beyond a reasonable doubt f. How do we calculate compensations for damages? i. Life, school, everything you/family will be denied/have denied due to damages. ii. Seeking damages g. What do you do with people who can’t pay?  judgment proof: has no assets and therefore the plaintiff would not receive his money h. Judgment: plaintiff receives a judgment which gives him/her the right to obtain the money from the defendant II.

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