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The Justice System

Does it REALLY Find “Justice?”. The Justice System. Basic Types of Law: Civil Law. Involve disputes among individuals (or groups of individuals) – 4 basic types Contract – legally enforceable promises between two parties Property – use and ownership of property

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The Justice System

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  1. Does it REALLY Find “Justice?” The Justice System

  2. Basic Types of Law: Civil Law • Involve disputes among individuals (or groups of individuals) – 4 basic types • Contract – legally enforceable promises between two parties • Property – use and ownership of property • Family – deals with family issues: marriage, divorce, custody, emancipation • Tort – any wrongful act that someone is liable for (that isn’t a contract) • Parties involved • Plaintiff – person filing charges • Making a comPLAINT • Defendant – person accused by plaintiff • DEFENDing themselves

  3. Civil Law 2 • Object: Plaintiff generally seeking one or more of the following • Damages ($) • Injunction • Writ of Mandamus • Cases decided by juries, unless sides agree to let judge decide • If plaintiff wins, defendant generally pays court fees (and of course any monies awarded) • If defendant wins, plaintiff pays court fees

  4. Civil Law in Pop Culture • Judge Judy, Judge Joe Brown, The People’s Court, Texas Justice, etc. • Reflective of “small claims” court • Maximum value ranges from $1,000-$5,000 • NOT real!

  5. Basic Types of Law: Criminal Law • When actions are in conflict with law • Petty offenses – minor crimes – usually get citation • Misdemeanors – more serious – fines or jail sentences (usually <1 year) • Felonies – the bad ones • Parties involved: • Prosecution – government • Defendant - accused

  6. Criminal Law 2 • Grand Jury • Hears prosecution’s case • Determines whether there is enough for trial or not • If yes, hand up an indictment, if no, case is dismissed • In many cases (misdemeanors and some felonies) use an information rather than indictment • Arraignment • Formally enter a plea • Trial jury – weigh facts, decide guilt/innocence

  7. Basic Types of Law: Constitutional Law • Decisions as to whether laws mesh with Constitutions • Determine Constitutional meaning and application

  8. Legal System Principles • Equal Justice Under the Law • “Justice is blind” • Due Process of Law • Law is applied fairly, set rules • Procedural – the process is fair • Substantive – the law is fair • Adversary System • Both sides work hardest • Presumption of Innocence • Burden of proof on the accuser

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