.. meta:: :description: Notes# Notes ===== .. post:: 8, May, 2005 :category: English Writing Practice :author: me :nocomments: | common law and jury system | legal system of country or the system of justice reflect the history and culture of the country | | philosophical question about law, courts,trial,concept of innocent&guilt | people from diff cultures may answer it differently | 1 preferable for a dozen guilty people to go free rather than to punished one innocent people unjustly? orĀ  sometime nessary to punish innocent so no guilty people escape justine? | 2 guilty until proven innocent or is innocent until proven guilty? | Different between US system and other systems | 1 Common Law and how it differs from civil law | not unique, brought over from the first settlers from England. | Civil law (other eu countries) consult written code of laws to decide innocent/ guity and what sentence | Common Law(English speaking countries) developed case by case, not only by legal law, but also consider precedent et by other cases. | 2 jury system. Constitution ensure the right of trial by jury. | Not judge,but also jury.Listen to testimony and reach a verdict. | Civil law suit:Which side is right and how much to pay damages. | Criminal law suit:Guity or innocent. | How jury reach the decision? Judge deals with the law, jury deal with the fact(sth happened or not ) | If beyond a resonable doubt ,must acquit. | required number of jurors don't agree, hang jury, law requires new trial with new new jury. | Not too efficient.e.g. hang jury, jury selection takes additional time. Attoney select reject jurors who interested and prejudiced, or with no reason. Unbiased group of citizens.Prefer Not by authority. | 3 plea bargaining. | Only about 20% legal cases accurally reached the court. Accused plea guity to a lesser crime. Civil cases set off despute with layers, or criminal cases plea bargaining (accuse with guity with a lesser crime). Large number of cases, otherwise the court is too crowded, no trail in court save time & money. Only if cooprate with the presecutor and bring others to justice for less servere punishment,