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Street Law

Street Law. Chapter 1 What is Law. Key Terms. Jurisprudence Criminal Laws Felonies Misdemeanors Civil Laws Civil Action Defendant Plaintiff Judicial Review Federalism. Prosecutor

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Street Law

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  1. Street Law Chapter 1 What is Law

  2. Key Terms • Jurisprudence • Criminal Laws • Felonies • Misdemeanors • Civil Laws • Civil Action • Defendant • Plaintiff • Judicial Review • Federalism • Prosecutor • Beyond a reasonable doubt • Preponderance of evidence • Limited Government • Separation of Powers • Statutes • Checks and Balances • Veto • Unconstitutional • Bill of Rights

  3. What is Law? • Jurisprudence - The study of law and legal philosophy • Every society has had them • Written and unwritten • “Rule of law” • Known in advance • Applies to everyone equally – No one is above the law.

  4. Law and Values • Seven Goals of the Legal system • Protecting basic human rights • Promoting fairness • Helping resolve conflicts • Promoting order and stability • Promoting desirable social and economic behavior • Representing the will of the majority • Protecting the rights of minorities

  5. Law and Values • Creating Laws to protect those values • Resolve conflicts caused between groups • Laws based on: • Moral values • Economic Values • Political Values • Social Values

  6. Law and Values • Moral values • Right and wrong (Murder) • Economic values • Accumulation, preservation, use, and distribution of wealth (Shoplifting) • Political values • Relationship between government and citizens (Voting) • Social values • Issues important to society (Education)

  7. Law and Values • Many laws combine these values. • For example: • Theft deals with moral issue of stealing • Economic issue of protecting property • Political issue of how government punishes violators of criminal statutes • Social issue of respecting others property

  8. Human Rights • All the rights you have just for being human. • Universal Declaration of Human Rights (UDHR) • Basic Rights • Adopted by almost all countries • 1948 • Eleanor Roosevelt leads • Liberty, education, political and religious freedom, and economic well-being

  9. Human Rights • Enforcement by the UN through treaties: • The International Covenant on Civil and Political Rights (freedom of speech, religion, press, to participate in gov’t) • The International Covenant on Economic, Social, and Cultural Rights (adequate education, food, housing, health care, also provides right to job, safe working conditions, adequate salary, to own property.)

  10. Balancing Rights with Responsibilities • U.S. concern with Rights • “Radical Individualism” • Rights over responsibility • Your Right not to vote vs.your responsibility to vote • Free Speech vs. Hateful Speech

  11. Kinds of Laws • Criminal Laws • Regulate public conduct, duties owed • Felonies and Misdemeanors • Over 1 year/ 1year or less in jail • Civil Laws and Civil action • Relations between individuals • Lawsuit brought

  12. Kinds of Laws • Criminal case • Government against the defendant • Felonies – more than 1yr in prison • Misdemeanors – 1yr or less • Civil case • Plaintiff (harmed) against a defendant • Prosecutor- District Attorney • Beyond a Reasonable Doubt • Preponderance of Evidence

  13. Our Constitutional Framework • U.S. Constitution – the highest law • Limited Powers • Only powers listed • Separation of Powers • 3 Branches (executive, legislative, & judicial • Statutes - Laws • Checks and balances • Veto- President not signing a Bill • Judicial review- Constitutionality

  14. Our Constitutional Framework • Federalism – division of powers • Federal Powers • State Powers • Local Powers • Bill of Rights • First 10 Amendments of the Constitution • Basic Rights

  15. U.S. Constitution • Changed in 2 ways • 2/3 vote of both houses or • 2/3 of the states • Must be ratified/approved by 3/4 of the states • 27 Amendments

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