Exam 1 Review Session
Criminal Law: deals with establishing standards for acceptable social behavior—when criminal law is violated sanctions typically include jail time. It is included in public law. Usually State vs. Person. Standard of Proof: beyond a reasonable doubt
Civil Law: Usually Person vs. Person case. It establishes standards between individuals. Money and injunction (equitable remedy—makes you stop doing what you want to do) are the consequences.
Specific Performance: (equitable form of justice); order by the court to follow the contract; usually relates to real estate.
Standard of Proof: preponderance of the evidence (better than 50% that the person is guilty)—good way to think of this: OJ Simpson Trial – actually found guilty in civil law so he had to pay money damages to his ex wife and her boyfriend’s family
Substantive Law: duties a person is obligated to perform; where would you find this—Bill of Rights/Constitution Congress can enact statutes, which contain substantive law—Doc Sanford, Sarbanes - Oxley
Procedural Law: requirements you need to bring your case to law, ex: Miranda Rights, also include civil procedure (certain steps you need to take)
Common Law: judge made law, an act is passed and court makes a ruling about definitions of act
New London Connecticut (Kilo) involves Pfizer (a big drug company); wanted to set up a research facility and old lady’s house was the only thing in their way; went all the way to Supreme Court—trying to decide in case when can the Gov. come take your land and for what purpose. Is bringing in a commercial business a proper purpose for tearing down people’s homes? RULING: Can be done without justification as long as for public use. So they said that this was ok. Example of common law and determine what “public use” is and now have made ruling on it **Government can take your property (eminent domain) IF they give you just