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