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FSU CCJ 2020 - Types of Law

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Types of LawStatutory: the written law, established by legislatureCase: set of existing rulings which have made new interpretations of law, cited as precedentCommon: unwritten lawsMala in Se: literally, crimes that are harmful in themselves, pose a harm to societyMala Prohibita: crimes prohibited only because of the law and not because they are necessarily harmfulSources of LawsFederal: laws apply to all people within the United StatesState: laws apply only to crimes committed within the stateLocal: jurisdiction does not extend beyond county/municipal boundariesLimits of the LawPrinciple of Legality: citizens cannot be punished for conduct for which no law against it existsEx Post Facto: citizens cannot be punished for actions committed before laws against the actionswere passed and that the gov’t cannot increase the penalty for a specific crime after the crime was committedDue Process: Procedural – requires that gov’t follow established procedures and treat defendants equally; Substantive – limits power of gov’t to create crimes unless there is a compelling & substantial public interest in regulating or prohibiting a certain type of productVoid for Over breadth: law makes one conduct illegal, but also prohibits other behaviors that arelegally protected; law that goes too farVoid for Vagueness: law that does not provide reasonable guidelines defining the specific prohibited behaviorActus Reus: actions of a person committing a crimeMens Rea: state of mind for person committing crimeIncohate Offenses (crimes that go beyond mere thought, but do not result in completed crimes)Solicitation: urging, requesting or commanding of another to commit a crimeConspiracy: two or more people taking steps in preparation for the commission of a crimeAttempt: an incomplete criminal act that is the closest to completing a crimeCriminal DefensesAlibi: requires that defendant present witnesses who will give testimony in court or other evidence establishing the fact that the defendant could not have committed the offenseConsent or Condoning by Victim: defense that the victim gave permission for the act or condoned the actDiplomatic Immunity: grants foreign diplomats complete immunity from any criminal prosecutionLegislative Immunity: the protection of senators and reps of Congress from arrest only while the legislature is in session, except for felonies and treasonDuress: a legal claim by a defendant that he or she acted involuntarily under the threat of immediate and serious harm of anotherMistake or Ignorance of Fact: an affirmative legal defense in which the defendant made a mistake that does not meet the requirement for mens reaSelf-defense: an affirmative legal defense in which a defendant claims that he or she acted to protect him or herself or another person against a deadly attack or invasion of his or her homeYouth: the defense that children cannot form a mens reaCrimes against the State: crimes against federal and state governments, there may be no individual victimsCrimes against the person: homicide, rape, sexual assault, kidnapping, robbery, and assault and batteryCrimes against Habitation: Burglary & arsonJurisprudence: a philosophy or body of written law used to settle disputesDual Court System: the court systems of the various states are sovereign governmental jurisdictions, each equal in importance and with separate political jurisdictionsTorts: claims of personal injury that are not criminalCivil LawScope: Private law; Contract law; negotiable instruments; Redress for harm, injury, fraud and slader; Torts; violation of constitutional rightsBurden: Preponderance of evidenceWho brings case to court: Private parties; plaintiff; defendantPunishment: Monetary; enforcement of a contractCriminal LawScope: violation of criminal lawBurden: Beyond a reasonable doubtWho brings case to court: GovernmentPunishment: Fines, prison, restriction of liberty, deathOriginal Jurisdiction: The first court to hear and render a verdict regarding charges against a defendantAppellate Jurisdiction: state courts that have the authority to review the proceedings and verdicts of general trial courts for judicial errors and other significant errorsUS Magistrate Courts: federal lower courts whose powers are limited to trying lesser misdemeanors, setting bail, and assisting district courts with various legal mattersFederal Judicial CircuitsHow Many: 12Purpose: enforcement of all federal codes in all 50 statesUS Appeals CourtPurpose: conducts hearings that review the questions of judicial error or constitutionality raised by the defendantJudicial Error: defendant’s rights were not protected and/or procedure wasn’t followedProcedural error: The written laws and rules were not followedQuestion of guilt: only addressed in original jurisdictionUS Supreme CourtJudicial Powers: final appeals court; legal mediator for lawsuits between states; mediator b/w US and foreign countries; final authority for legal opinions binding of the federal governmentJudicial Review: to establish legal principles that will apply to countless casesPurpose: look at cases that have important procedural and constitutional questions and determine whether a significant judicial error was made in lower courts and determine the appropriate remedyWhen Cases are reviewed: When laws, verdicts, or acts of Congress are unconstitutionalOutcome of Hearing/Trial: Affirm case or reverse lower court’s decisionAffirm: no substantial judicial or constitutional errorRemand: case sent back to original jurisdiction so they can remedy the situationLandmark Case: when the Supreme Court changes the legal principles or foundations upon which legislation and constitutional rights are interpretedState Courts of Limited Jurisdiction: Justice of the peace, magistrate, municipal and justice courts. Handle traffic violations & criminal violations, misdemeanors, and local ordinances and laws within the geographic jurisdiction of the local governmentState Courts of general Jurisdiction: handle criminal, civil and many other legal responsibilities. Every trial has a transcript; often called circuit, superior, district, common pleas, and first instance courts.Herrera v Collins: a case in which the Supreme Court of the United States (in a 6 to 3 decision) ruled that a claim that the Eighth Amendment's ban on cruel and unusual punishment prohibits the execution of one who is actually innocent is not ground for federal habeas corpus reliefCourts of Last Resort:


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