CH 1 - (PPT #3) Types of Laws

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Read this case study and be ready to discuss questions – do not need to write in notes
Case Study
 Donna Estes was driving south on National Avenue. She was
doing 60 mph in a 50 mph zone. Wilma Sexton was driving
north on the same street at the same time. She had been
drinking and was weaving back and forth in her lane.
Suddenly, Wilma noticed she was about to miss her turn.
Signaling for a brief second, she made an abrupt left in front
of Donna’s vehicle. The cars collided. Both women received
lacerations and broken bones. Both cars were totaled.
1. Who was at “fault”?
2. What arguments would Donna’s attorney present at the civil
trial to determine who was negligent?
3. What arguments would Wilma’s attorney present?
What is a LAW ?
Law = enforceable rules of conduct in a society
that reflect the culture and circumstances that
create them
 Laws should be 2 things:
1. Predictable
2. Flexible
(do not need to write these)
 Why do we need protections from the conduct of
others?
 The need for laws has not changed significantly over
the years.
Stare Decisis
Stare Decisis = the legal principle of following
precedents in deciding a case. This follows the idea that
future decisions of a court should follow the example set
by the prior decisions.
(do not need to write this)
When a case is to be decided, previous cases with the
same or similar facts and legal issues are studied and
relied upon to help decide the current case. The way in
which a past case involving similar facts and legal issues
was analyzed and resolved sets the precedent for how
the current case will be analyzed and decided. This is
why there is a great deal of consistency in how the law is
interpreted and applied. This system allows for a high
degree of reliability.
Law Lists on a separate Word document
 Make a list of laws or rules the school enforces.
 Make a second list of laws or rules you must live by in
your family.
 How do each of these laws affect your lives?
 Which laws would you change if you could?
 How would the change affect the school or your
family?
Watch this video
What Are the Difference Between Civil and Criminal
Trials?
By Defense Attorney Kevin Hayslett
https://www.youtube.com/watch?v=j34HPXvlRzc
Civil Law
 Definition = civil law deals with the
disputes between individuals,
organizations, or between the two, in
which compensation is awarded to the
victim.
 Purpose = to deal with the disputes
between individuals, organizations ,or
between the two, in which compensation
is awarded to the victim.
Criminal Law
 Definition = criminal law is the body of
law that deals with crime and the legal
punishment of criminal offenses.
 Purpose = to maintain the stability of the
state and society by punishing offenders
and deterring them and others from
offending.
A violation may be
both a crime and a
civil offense!
Activity
 Search the internet to find one criminal case and
one civil case to summarize and analyze. You will want
to find cases that have enough information for you to
write about.
 Think: Who, what, when, where, why, and how?
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