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CHAPTER 1

CHAPTER 1. What is Law. What is Law. It is defined as the rules and regulations made and enforced by govt that regulate the conduct of people within a society. Every society that has lasted knew that laws were needed. Without laws, there would be confusion and disorder. What is Law.

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CHAPTER 1

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  1. CHAPTER 1 What is Law

  2. What is Law • It is defined as the rules and regulations made and enforced by govt that regulate the conduct of people within a society. • Every society that has lasted knew that laws were needed. • Without laws, there would be confusion and disorder

  3. What is Law • Society is based on the “rule of Law”. • This means that all members of society are required to support the legal system and obey its laws. • No one is supposed to be above the law.

  4. Laws and Values • Laws generally reflect and promote a society’s values. • Our views of right and wrong influence our legal system. • We expect our legal system to achieve 7 goals. • 1. Protecting basic human rights. • 2. Promoting fairness

  5. Laws and Values • 3. Helping resolve conflicts • 4. Promoting order and stability • 5. Promoting desirable social and economic behavior • 6. Representing the will of the majority • 7. Protecting the rights of minorities.

  6. Laws and Values • Laws must balance rights with responsibilities, the will of the majority with the rights of the minority, the need for order with the need for basic human rights. • Reasonable people sometimes disagree over how the law can protect the rights of some without violating the rights of others.

  7. 4 Different Values Affect Laws • 1. Moral Values: deal with questions of right and wrong. Ex: laws against killing people or members of society. However, in cases of self-defense or during war, killing is legal. • 2. Economic values: deal with the accumulation, preservation, use, and distribution of wealth.

  8. 4 Different Values • 2. Economic Values: Ex: laws encourage home ownership by giving tax benefits to people who borrow money to pay for a home • Laws against shoplifting protect property and discourage stealing by providing a criminal penalty.

  9. 4 Different Values • 3. Political Values: reflect the relationship between govt and indiv. Ex: laws make it easier to vote, to promote citizen participation in the political process, a basic American political value.

  10. 4 Different Values • 4. Social Values: concern issues that are important to society. Ex: a free public education is provided as an important social value for all students. The law in all states. • But, social values change over time. Ex: school sports for women. Today laws require schools to provide females with the same opportunities similar to those offered to males.

  11. American Beliefs • We believe that laws can be passed to solve all of our problems. • Ex: 1919, the 18th Amend was passed to prohibit the manufacture and sale of alcohol in the U.S. • It was to difficult to enforce and 14 years later it was repealed by the 21st Amend.

  12. American Beliefs • Today there is a drug problem in the U.S. • Legislators have tried to solve the problem by passing a wide variety of laws. • People disagree on how to solve this problem. • Problem 1.3 pp. 8

  13. 2 Major Groups of Laws • 1. Criminal laws—regulate public conduct and set out duties owed to society • A criminal case is a legal action brought by the govt against a person charged with committing a crime. • Criminal laws have penalties and offenders are imprisoned, fined, placed under supervision, or punished in other ways.

  14. Criminal Laws • Criminal offenses are divided into “felonies”—serious crimes which carry a penalty of more than 1 year in prison. “Misdemeanors”—less serious crimes, which carry a penalty of 1 year or less in prison.

  15. Civil Laws • Regulate relations between individuals or groups of individuals. • A civil action, called a lawsuit, can be brought by a person who feels wronged or injured by another person. • The courts may award the injured person money for the loss, or may order the person in the wrong to make amends in some other way.

  16. Civil Laws • Ex: a lawsuit for recovery of damages suffered in an auto accident. • Civil laws regulate many everyday situations, such as marriage, divorce, contracts, real estate, insurance, consumer protection, and negligence.

  17. Laws • Sometimes behavior can violate both civil and criminal laws and can result in 2 court cases • A criminal case is brought by the govt against a defendant—the person accused of committing the crime. • A civil case is brought by the plaintiff—the person or company harmed against the defendant.

  18. Famous Case • Former football player O.J. Simpson was charged and prosecuted in connection with the death of his ex-wife Nicole Simpson and her friend, Ron Goldman. The LA district attorney was the prosecutor—the govt attorney in a criminal case. • To win a conviction, the DA had to prove OJ was guilty beyond a reasonable doubt.

  19. Famous Case • This means that if the jury or the judge in a case w/o a jury has any reasonable doubts about the defendant’s guilt, then it must vote not to convict. • The verdict in the criminal case was not guilty.

  20. Famous Case • Several months later, the parents of Ron Goldman brought a civil suit against O.J. to recover damages resulting from the wrongful death of their son. • In a civil case, the plaintiff wins by convincing the jury or the judge by a preponderance of the evidence—this is a lower requirement of proof than beyond a reasonable doubt standard used in criminal cases.

  21. Famous Case • The reason for the different standards of proof is that a defendant loses money in a civil case, but can suffer lengthy imprisonment or even receive the death penalty because of a criminal conviction. • The Goldman family won their civil case. • Caused a lot of confusion among the American public about how you can be innocent in a criminal case, but be guilty in a civil case.

  22. Problem 1.7 pp. 14

  23. Constitutional Framework • U.S. Const is the highest law in the land • Now over 200 years old and is the longest-lasting written const in the world and also the shortest. • Sets the basic framework of our govt, lists the govt powers, the limits on those powers, and the people’s freedoms that cannot be taken away by the govt.

  24. Constitution • Our Const sets the principle of limited govt • Here the national govt has limited powers provided to it by Article I of the Const. • The Const divides lawmaking power among the 3 branches of govt; • Executive branch (pres. And fed agencies) • Legislative branch (Congress) • Judicial branch ( the courts)

  25. Constitution • This is called the separation of powers. • The executive branch is primarily responsible for enforcing the law. • However, the executive branch often issues rules and executive orders that have the force of law. • The legislative branch uses lawmaking power when it passes laws (also called statutes).

  26. Constitution • The judicial branch estab laws through its rulings, which may interpret a provision of the Const., a statute, or a rule issued by an executive agency. • The 3 branches are independent and can stop or restrain the other 2 branches in the system of checks and balances. • This was designed to prevent to prevent 1 branch from becoming too powerful and abusing its power.

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