BLAW 3033 Lecture Notes - Lecture 2: Double Jeopardy, Uniform Commercial Code, Precedent
4 Oct 2016
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Presumption of innocence and the meaning of not guilty . A greater weight of the evidence than in criminal cases. Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb . Double jeopardy does not protect against other states, doesn"t affect federal government as well. New evidence comes to light- defendant found guilty can re-open case. Can"t call it something else and prosecute you. Bill of rights- gurantee to citizens that rules would not interfere with freedom. Constitution does not gurantee that private citizen or private business would interfere with those rights. Job of courts to say what constitution/legislation says. What law means and how it should be applied. Legislature can override- president can veto- legislature can override with 2/3 vote. Based on doctrine of let the decision stand - stare decisis. No- only required to follow rules in the state. State courts and their right to interpret state law.
