BCOR 3000 1nd Edition Lecture 2Outline of Last Lecture I. What is law?A. Rules and ExamplesII. Sources of LawA. ExamplesIII. Uniform LawsA. Why is it needed?B. ExamplesIV. Administrative LawsV. AgenciesVI. Common LawOutline of Current Lecture VII. Questions of Law vs. Questions of factVIII. PrecedentIX. Brown vs. Board of EducationX. Common Law vs. Civil LawXI. Civil vs. Criminal CasesA. ExamplesCurrent LectureQuestions 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 juryThese 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 90mphCases 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 discretionPrecedent—Pros vs. Cons1. Pros—similar treatment and predictability2. Cons—if there is a bad decisions made it can be repeated; expense of maintain records and researching old casesMust 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 separatedCommon Law vs. Civil Law Systems- Common Law: fewer written statues and court cases become precedent- Civil Law: detailed statutory codes; court decisions NOT precedentParties 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 quo2 Kinds of Cases1. Criminal Case- Government vs. Individual- Based on defendants conduct- A “wrong” against society- Prove beyond reasonable doubt2. 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 evidenceWhat 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 resultsin being liable for a civil case2. Reason 2—If criminal case is over, defendant loses the ability toplead the 5th amendment3. Reason 3—more and more criminal sentences require more restitution ($$$) to