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Basics of the Law

Basics of the Law . Competency 1.00. Judeo-Christian Influences  . Circa 1200 BC until 1 st century AD The Ten Commandments Set of Jewish laws The Bible Old and New Testament religious rules of conduct Christianity influenced American law. **International Note**.

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Basics of the Law

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  1. Basics of the Law Competency 1.00

  2. Judeo-Christian Influences  • Circa 1200 BC until 1st century AD • The Ten Commandments • Set of Jewish laws • The Bible • Old and New Testament religious rules of conduct • Christianity influenced American law

  3. **International Note** • In other countries, laws are based on moral and religious rules. • Islam: Middle Eastern countries including Saudi Arabia, Iran, Iraq, Kuwait, practice the Muslim faith. • Hinduism: India studies the Mahabharata for rules of living. • Buddhism: Southeast Asia and Japan follow the teachings of Buddha.

  4. Evolution of American Law • Laws are rules of conduct established by the government of a society to maintain stability and justice in that society. • American law, like its people, is a blending of changing ideas and diverse cultures.

  5. English Common Law • Developed in 12th Century England • The judges shared decisions with other judges so justice was served equally or “in common.” • Effective: US gained independence, adopted into the US Constitution • Common law • Unwritten law based on local customs

  6. Constitutional Law • The US Constitution is the supreme law of land. • Any state or local law that conflicts with the US Constitution is unconstitutional. • If unconstitutional, then law is null and void. • The Supremacy Clause, US Constitution Article VI • Balance of powers between the three branches; our legal system is based upon three levels of government • Legislative –Article 1 • Executive – Article 2 • Judicial – Article 3

  7. Legislative Branch • Led by Congress. Congress is made up of the Senate and the House of Representatives. The Senate consists of two members from every state. The House of Representatives consists of members based on their population. • Article I (pg 15 of textbook) • Section 1 through Section 10

  8. Executive Branch • Led by the President. Elected by vote of the people • Article II (pg 15 of textbook) • Section 1 through Section 4

  9. Judicial Branch • Led by the Supreme Court. The Supreme Court decides if the law being made is constitutionally correct. • Article III • Sections 1 through 3

  10. Rights of Citizens • US Constitution guarantees rights to citizens • Bill of Rights – Individual rights • Rights of Representation • Arrest/Trial Rights • Suffrage (Voting) Rights • States Rights • Right to amend Constitution

  11. Administrative Agencies • Are set up when expert knowledge is needed • Have a limited scope of power • Are subject to judicial review by the court system • Court system has the final decision • Regulate activities for the public

  12. Ethics • Ethics: deciding what is a right or wrong action in a reasoned, impartial manner • Morality: involves the values that govern society’s attitude toward right and wrong • Ethics are based around the following basics: • Feelings and Opinions • The Greatest Good • The Golden Rule • Consequential Reasoning • Rule-based reasoning

  13. Feelings and Opinions • Ethics are viewed as how a person feels about a certain situation • Ethics may also be based on what opinions are expressed about certain situations

  14. The Greatest Good • The idea is that must people will base their opinion of ethics based on how a certain situation affects the greatest amount of people • The more good that result, the more ethical the action taken • The more bad the result, the less ethical the action taken

  15. Consequential Reasoning • Takes a look at the consequences of the action before making a decision on what way to act • Looks at alternative actions and it gives the final outcome of each action

  16. Law of precedent • When a judge is required to follow an earlier court decision when deciding a case with similar circumstances, also called stare decisis • Concept of law: File a lawsuit

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