rules and regulations made and enforced by government, that regulate the conduct of people within a society
What are the 6 functions of law?
1. to protect basic human rights 2. promote fairness 3. help resolve conflicts 4. promote order and stability 5. promote desirable social and economic behavior 6. represent the will of the majority 7. protect the rights of the minority
What is the purpose of the civil justice system?
The purpose of the civil justice system is to regulate the way people treat each other so individuals will not financially harm or have their reputations hurt by others.
What is the purpose of the criminal justice system?
The purpose of the criminal justice system is to protect the people by regulating actions (crimes) that harm society.
What type of cases are heard in civil justice system?
1. Law suits to recover damages suffered in a car accident 2. Grievances related to negligence 3. Contracts 4. Real Estate 5. Insurance 6. Consumer Protection 7. Divorce
What types of cases are heard in criminal justice system?
1. Misdemeanors (minor traffic violations etc.) 2. Felonies (murder, distribution of illegal drugs)
What standard of proof is required in a civil case and who must prove it?
The plaintiff must prove by a 'preponderance' of evidence that the defendant is liable for the "harm" the plaintiff suffered.
What standard of proof is required in a criminal case and who must prove it?
The prosecutor must prove the defendant is guilty beyond a reasonable doubt.
What are the penalties in a criminal case?
The defendant may have to: 1. Serve time in jail or prison 2. Pay a fine 3. Do community service 4. Complete probation
How does the Bill of Rights help ensure fair trials in civil cases?
The 7th Amendment give plaintiffs and defendants the right to trial by jury if requested.
How does the Bill of Rights help ensure fair trials in criminal cases?
4th Amend. protects defendants from having illegally seized evidence used against them in trial.
5th Amend. protects against self incrimination and right to grand jury.
6th Amend. give the right of a speedy trial and ability to cross examine witnesses, compel witnesses to testify, and assistance from a lawyer.
8th Amend. protects against cruel and unusual punishment.