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Warm up: Wednesday 9/18/13

Warm up: Wednesday 9/18/13. SAT Word of the Day: Renaissance e- nə -ˈ sän (t)s; n Word Root: Latin Nasci : “birth” the transitional 14 th -century movement in Europe characterized by dramatic growth in the arts, literature and science Identify the 4 principles of the Legal System.

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Warm up: Wednesday 9/18/13

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  1. Warm up: Wednesday 9/18/13 • SAT Word of the Day: Renaissance \re-nə-ˈsän(t)s\; n Word Root: Latin Nasci: “birth”the transitional 14th-century movement in Europe characterized by dramatic growth in the arts, literature and science • Identify the 4 principles of the Legal System.

  2. Objective • Students will analyze the categories, proceedings and decisions related to civil law in order to evaluate how the principles of the legal system are reflected in real life civil court cases.

  3. Drill activity • In Goss v. Lopez (1971), a group of children were suspended from school. Their parents sued the Board of Education because the children were not given hearings before the suspension. • Which of these was MOST at issue in this case? • Due Process • Probable Cause • Separation of Powers • Equal Justice

  4. Drill Activity • At Danny’s trial, his lawyer, Stephen L. Miles, presents his traffic accident case to the judge and prosecuting officer in circuit court. • Which principle of the Legal System is being described most? • Equal Justice • Presumption of Innocence • Adversary System • Due Process

  5. Review Vocabulary

  6. Warm up: Friday 9/20/13 *Hand in your Current Events Articles – due today! Read the article about the Stella Case. Which example of a civil lawsuit does the Stella Case represent? What was the standard of proof in this case? Who needed to prove it?

  7. Objective • Students will analyze negligence cases in order to evaluate how the principles of the legal system are reflected in real life civil court cases.

  8. Notes (you need to write!) • Civil Cases • Most are settled out of court • Plaintiff must prove the case • Standard of Proof is lower than that in a criminal case • Beyond a Reasonable Doubt • Preponderance of Evidence

  9. Negligence • Negligence law is also known as Tort • Not willful • Four Criteria that must be satisfied in order to collect money in a negligence case: • Plaintiff must prove the defendant had a duty of care with respect to the plaintiff. • The defendant breached the duty. • Plaintiff suffered injury. • Breach of the duty was the primary/proximate cause of the injury.

  10. Negligence/Tort continued… • A plaintiff may sue for the following: • Injury resulting in damages • $ property • $ bodily • Injury medical • Lost wages • Emotional pain and suffering

  11. Tort Reform • Plaintiff • Contributory negligence • If the plaintiff is negligent in Maryland, there is an absolute bar to collecting damages • Comparative negligence • Compare the plaintiff and defendant negligence to determine who is more negligent • Actually place a % on negligence • Some states… • If the plaintiff is over 50% negligent, the plaintiff is barred from collecting damages.

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