LE 101 Lecture Notes - Lecture 7: Prima Facie, Actus Reus, Double Jeopardy
21 Sep 2016
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Document Summary
Civil law: deal with harm against an individual. Criminal law: deals with harm against society, i. e murder. Substantiative law: defines our legal rights and duties. Procedural law: comprised of the rules that govern how the legal system operates. Federalism: split authority between states and country: federal law: deals with 1) us constitutional issue, 2) a federal statute, and 3) regulation of a federal agency. Doctrine of implied powers: powers not stated in the constitution but are necessary for congress to carry out other, expressly granted powers. State law: states are allowed to make any law they deem necessary as long as it is unconstitutional. Preemption: the power of the federal gov"t to prevent the states from passing conflicting laws, or any at all if there is a conflicting subject. Double jeopardy: one can"t tried for the same crime twice. Plaintiff: a person who initiates a law suit. Beyond a reasonable doubt: needed in criminal trials.
