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This 2 page Class Notes was uploaded by Lexie Barclay on Tuesday September 6, 2016. The Class Notes belongs to BLAW at University of Arkansas taught by John Norwod in Fall 2016. Since its upload, it has received 111 views.
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Date Created: 09/06/16
BLAW Notes August 24, 2016 CLASSIFICATIONS OF LAW Criminal Law: ● Person commits offense against government ● EX: felony ● Defendant VS government ● BURDEN OF PROOF: guilt must be proven by the governmentbeyond a reasonable doubt ● Government is unable to produce enough proof that defendant is guilty=not guilty ● Settled by jail time/$$$ ● EX: Casey Anthony trial Civil Law: ● Offense against another individual ● EX: running someone over pedestrian ● BURDEN OF PROOF: by a preponderance of the evidence (more guilty than innocent) ● Plaintiff VS Defendant ● Settled by $$$ EX: (local) State of AR vs Stephen Center (rape trial) ● August 1993, trial in Washington County, Circuit Court, Fayetteville AR Double Jeopardy: ● can’t be tried twice for the same crime (5th amendment) ● Not even a similar crime ● CAN, however, be prosecuted by a higher court ○ EX: if it is also a federal offense, you can take them then to federal court ● Can be taken from criminal court to civil court if it is both a criminal offense and a civil offense (different courts) ○ EX: OJ Simpson: found not guilty in criminal court, then found liable for millions of dollars in civil court Sources of Law: ● Constitutions ● Legislation ● Administrative regulations ● Executive orders 1. Constitutional Law: 1) State 2) Law a. The constitution only applies if there is “state action” i. EX: Walmart is not subject to the Constitution such as “Freedom of Speech” (due process, Bill of Rights) 2. Legislation (“statutory law”) a. Issues associated with Legislation i. If the judiciary interprets the law a certain way, legislation can not change the law but CAN write a new law ii. If legislation conflicts with constitution, CONSTITUTION TRUMPS LEGISLATURE iii. Judicial branch makes this call^^^ iv. EX: Marbury VS Madison, 1805 1. First challenge/example of this 3. Administrative Law a. Subservient to statutory law 4. Executive Orders a. CAN be repealed by Congress, but is very rare 5. Case Law (common law)based on the doctrine of “stare decisis” a. Most lawsuits are handled outside of court (not a legal precedent that can be brought before a judge) b. Trial court verdicts (very little legal precedence) c. NO: cases have to be appealed apellate decisions are in national reporter system, p. 16 d. One state does not have to follow precedent of another state e. FEDERAL LAW: they do not have to follow precedents set in other circuits (but are often affected by them) i. AR: goes to St. Louis federal court (closest to us) ii. OK: goes to Denver federal court STATE COURTS: have the right to interpret state laws (not even the Supreme court can overrule). How to look up cases>> libinfo.uark.edu >> LexisNexis >> look up by citation State can rule for MORE protection for the accused but NOT LESS. A precedent can be overturned. EX: Brown VS Board of Education Stare
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