BCOR 3000 1nd Edition Lecture 2 Outline of Last Lecture I What is law A Rules and Examples II Sources of Law A Examples III Uniform Laws A Why is it needed B Examples IV Administrative Laws V Agencies VI Common Law Outline of Current Lecture VII Questions of Law vs Questions of fact VIII Precedent IX Brown vs Board of Education X Common Law vs Civil Law XI Civil vs Criminal Cases A Examples Current Lecture Questions of Law vs Questions of Fact Questions of Law What the law means How the law applies Only judges can decide Questions of Fact What happened Example How fast were you actually going Juries can decide Judges decide if there is no jury These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Precedent Example Former Montana Speed Limit Get a ticket going 90mph Cases of First Impression case with no precedent Precedent Application No cases are identical if the difference is important that there will possibly a different result great judge discretion Precedent Pros vs Cons 1 Pros similar treatment and predictability 2 Cons if there is a bad decisions made it can be repeated expense of maintain records and researching old cases Must Judges Follow Precedent generally yes Unless Earlier decision was wrong Facts of current situation differ 2 degrees Time and circumstances have changed Ex One Free Bite Decision Brown vs Board of Education 1954 Precedent Case Plessy vs Ferguson 1890s separate R R cars Separate but Equal Doctrine Supreme Court said precedent was wrong Brown represents the schools Differences in schools vs RRs yes there are clear differences 1 Transportation mixed races doesn t affect this 2 Education mixed races DO affect a person s education RR cars can be made the same but a classroom cannot be b c of people and their ideas What did the court do they said that separate facilities are inherently unequal Precedent was wrong Law vs Equity Courts Law very technical limited remedies Equity fairness where law courts lead to unfair results based on flexibility In US courts have merged but doctrines appear in remedies In England they are still more separated Common Law vs Civil Law Systems Common Law fewer written statues and court cases become precedent Civil Law detailed statutory codes court decisions NOT precedent Parties of a Law Suit Plaintif initiates law suit wants to change something a k a the Prosecution Defendant party against who suit is brought wants to keep the status quo 2 Kinds of Cases 1 Criminal Case Government vs Individual Based on defendants conduct A wrong against society Prove beyond reasonable doubt 2 Civil Cases Government is usually not a party Based on consequences if someone is badly affected by crime to plaintiff Prove w preponderance more the 50 of evidence What is beyond a reasonable doubt We cannot put a number on it but it needs to be above 50 preponderance of evidence You do not have to be absolutely sure that the defendant is guilty You cannot ever convict based solely on statistics Not guilty of a crime yet liable in civil case Consistent Criminal burden of proof beyond a reasonable doubt Civil burden of proof preponderance of the evidence more than 50 Explanation If not 100 sure for criminal charges a defendant can be charge liable for a civil case Criminal Case Civil Case Interplay Only the government can bring criminal case Victim can bring only civil suit Each make s own decision Timing and interplay 1 Reason 1 guilty verdict in a criminal case automatically results in being liable for a civil case 2 Reason 2 If criminal case is over defendant loses the ability to plead the 5th amendment 3 Reason 3 more and more criminal sentences require more restitution to victims