Natural Law vs. Jurisprudence

• Laws are important for a government's existence.

Natural Law vs. Jurisprudence

• Natural Law, identified as MG, is associated with His Jurisprudence.
• Jurisprudence is understood as the will of a sovereign, reflecting the "spirit of the people."
• Utilitarian Law centers on the social usefulness of legislation.
• Analytical Positivism defines a rule as law if it follows duly established procedures.
• Historically, matters were resolved by freemen, with local royal sheriffs collecting taxes and promoting the king's policies.
• Communal courts handled larger disputes.
• Kings issued writs to convene courts compelling sheriffs to administer justice and allocate land.
• The Norman influence led church courts to settle religious disputes and courts of lords and barons.
• Royal judges applied common law across the nation, establishing precedent and the writ system.
• Procedure involves filing a complaint and writ of summon by an attorney, with a response due by a defense attorney at a set time.
• Discovery is used to gather information about a case.
• Judgement is the court's decision after discovery and trail.
• A pretrial conference involves the court and attorneys defining issues, preparing for trial, and exploring potential settlements.
• Alternative Dispute Resolution (ADR) encourages mediation.
• The Appellant is the party filing an appeal after the trial.
• Appellee is the party opposing the appeal, such as the state.
• The Petitioner is the defendant filing a petition for a writ of certiorari.
• The Respondent, like the state, responds to the petitioner’s writ.
• The Holding is the rule of law applied to the facts of a case.

Due Process

• Due process is protected by the 5th and 14th Amendments.
• "Life" includes biological existence plus the right to a specific lifestyle.
• "Liberty" includes personal rights and freedom from unreasonable government restraints.
• "Property' includes real and personal property, obligations, rights, and legal entitlements.
• The 5th Amendment limits the federal government.
• The 14th Amendment requires state governments to provide due process and equal protection.
• Substantive due process allows a claimant to challenge a statute if it excessively intrudes on individual decision-making.
• Claimants succeed if the claimed right is deemed fundamental under the circumstances.

Sources of US Law

• U.S. Constitutions
• Legislatures
• Administrative Agencies

Federal vs. State Law

• Federal and state laws are distinct jurisdictions.
• Legislatures enact statutes using Police Power, authorized by the 10th Amendment.
• Police Power allows for internal regulation, taxation, and hearings.
• The Supremacy Clause allows Congress to enact legislation that supersedes state authority.
• Trial Courts determine facts and apply the law, offering the right to a bench or jury trial.
• Appellate Courts review trial court decisions to ensure they acted within the law.
• The Erie Doctrine requires federal courts to apply state substantive law in cases not governed by federal law.
• Federal District Courts are bound by state statutes and precedents, with appeals reviewed by the U.S. Court of Appeals.
• Remedies include actions like ejectment for land possession, replevin for personal property recovery, and damages to compensate for injury.
• Compensatory damages aim to cover Plaintiff's financial losses from tortious conduct.
• The Rule of Mitigation requires individuals to minimize damages.
• General damages naturally result from a wrongful act, such as pain and suffering.
• Special damages arise from specific circumstances, such as medical bills or lost earnings.
• Liquidated damages are agreed upon in advance for a breach of contract.
• Nominal damages acknowledge a breach without specific harm.
• Punitive damages punish the defendant and deter similar conduct.

Equitable Remedies

• Injunctions: judicial orders directing specific actions or restraints.
• Mandatory Injunctions: orders compelling actions.
• Prohibitory Injunctions: orders prohibiting actions.
• Reformation: corrects written instruments to reflect the parties' true intentions.
• Recession: cancels agreements, requiring property restitution.
• Specific Performance: requires contract obligations to be fulfilled.
• Condition Precedent: requires substantial performance to enforce contract obligations.
• Restitution: restores property to the plaintiff.
• Declaratory Judgement: determines parties' rights without ordering action, often paired with requests for injunctive relief.

Crime and Criminal Law

• A Crime is an offense punishable by law, condemned by the community, and tried with formal condemnation by judge and jury.
• Criminal Law protects societal interests, requiring proof beyond a reasonable doubt.
• Civil Law protects individual interests, requiring a preponderance of evidence (51%).
• Purposes of Criminal Law: harm prevention, warning, defining offenses, seriousness assessment, punishment, and victim interests.
• Harm aims to prohibit conduct causing substantial harm to individuals and society.
• Warning alerts individuals to punishable conduct and its severity.
• Definition specifies the acts and intents for each offense.
• Seriousness distinguishes between serious and minor offenses, assigning appropriate punishments.
• Punishment satisfies demands for revenge, rehabilitation, and deterrence of future crimes.
• Victim ensures victim/family/community interests are represented.
• Principles of Criminal Law: Analysis of definitions of specific crimes and general principles applying to all crimes.
• Differentiates from criminal procedure, which studies legal standards governing detection, investigation, and prosecution.
• Procedure includes interrogations, search and seizure, and trial processes.
• Elements of a Crime: Law, conduct, mens rea, harm, connection.
• Omission: Failure to perform a legally imposed act.
• Culpable Mental States: intent, reckless behavior, knowing, criminal negligence.
• Intent: conscious objective to cause a result or engage in conduct.
• Knowing: awareness of conduct or circumstances.
• Reckless: disregarding substantial and unjustifiable risk.
• Felony: A crime punishable by more than one year in prison.
• Misdemeanor: A crime punishable by 365 days or less.

Sources of Criminal Law

• State Criminal Codes: comprehensive written laws on crime and punishment.
• Municipal Ordinances: authorized local criminal laws, often minor.
• Federal Criminal Code: based on federal government constitutional powers.
• Constitution: defines treason and limits government power to enact laws.
• Common Law: foundation of USA Criminal Law.
• State Criminal Codes.
• States aim to codify criminal laws to ensure public knowledge and elected representatives control lawmaking.
• Other states code jurisdiction- no act is a crime unless made by code
• State governments promote residents' welfare.
• Model Penal Code (MPC) influences state legislatures, offering commentary on statutes.
• Double Jeopardy doesn't apply.
• The Constitution allows prosecuting the same act at the state and federal levels if charges differ. Depraved Indifference
• Strict Liability offenses look to result, regardless of mental state.
• Ignorance of the Statutes serves.
• Statues put citizens on notice.

Criminal Courtroom Process

• Arrest occurs-a complaint is filed
• Arraignment charges read, plea entered, bail discussed.
• Preliminary Hearing occurs.
• Indictment by grand jury may follow.
• A Grand jury consists of 23 jurors.
• Arraignment on indictment occurs.
• Plea bargaining/pretrial motions happen.
• Prelim. Hearing serves as a bail hearing, state shows cause,
• In the Arrag, trial & sentencing-same for felony.
• Jury Trial includes: Voir Dire where jurors are picked by both sides; Openings from people than def; Def then ppl rest.
• Instructions give deliberation for verdict.
• Probable cause, belief evidence of crime at location, arrest, reasonable ofense committed.
• 4th Amendment: nothing about remedies, exclusion,expectation of privacy- search/seize items related to crime.
• The prosecutor bears the burden to justify warrantless search, valid based on Cause, search is temporal & spatial.
• Exclusion of illegally seized evidence.
• Just Exclusion of illegally seized evidence & "just expectation of privacy".

Searches

• Taking p.o through all parts to seize.
• Probable cause arrests or reasonable offense.
• Warrantless, a temporal act, safety matters.
• Stop & frisk, pat down ex for exterior, w plain touch only.
• Homes- cause + necessity, time short or urgency warrants warrant.
• Cars expect car searching.