Misconceptions About Law

Question 1

Private Concerns vs. Public Law:
What Case(s) Counter this misconception?
legal issues regarding personal matters (like abortion) only affect the individual.

Answer 1

Roe v. Wade and Dobbs v. Jackson Women’s Health Organization show that such issues also have significant public implications, particularly concerning civil rights and public health.

Question 2

Public Law vs. Private Law:
What case have we learned about that deals with the confusion regarding if the same act can be prosecuted under different legal frameworks?

Answer 2

single offense can be prosecuted under both public law (criminal) and private law (civil). For example, in the O.J. Simpson case, he was acquitted in criminal court but found liable in a civil suit.

Question 3

Misconception: Some may think that if someone is acquitted of a crime, they can be tried again for the same offense.

Answer 3

The Constitution prohibits “double jeopardy,” meaning an individual cannot be tried twice for the same crime. For instance, Isaac Turnbaugh could not be retried for the murder after his acquittal, even if he confessed later.

Question 4

Roe v. Wade vs. Dobbs:

Answer 4

This highlights how laws governing personal rights can also involve broader societal implications. The right to abortion was seen as a constitutional right, but the Dobbs ruling shifted that view, emphasizing public law considerations.

Question 5

O.J. Simpson Case

Answer 5

Demonstrates how one incident can lead to both a criminal trial (public law) and a civil trial (private law), with different outcomes and implications.

Question 6

Double Jeopardy:

Answer 6

Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime.