Lesson 1

1. Lesson 1 What is Law? Day 1

2. What is Law? • What’s Your Verdict? (Page 5) • What types of behaviors do we need to be protected from? • Those that injure us in any way, including physical, emotional, and financial injuries. Day 1

3. Laws Laws: Enforceable rules of conduct in a society. • Who makes laws? (government) • Who makes rules? (private parties, i.e. schools, parents). Code: Laws grouped into an organized form.(Compilations of legislation at all levels of government) Day 1

4. Why do we have laws? • Promote order/stability -- prevent confusion/disorder; protect human rights; promote fairness; promote values; resolve conflicts; represent will of majority; protect rights of minorities; protect environment; govern relations between individuals/groups. Day 1

5. 4 Stages in the Growth of Law • Individuals take revenge for wrongs done to them • Awards of money or goods are substituted for coverage • Court systems are formed • Central authority figure intervenes to prevent & punish wrong Day 1

6. Common Vs Positive Law Common law: • Set by judges • Based on the current standards or customs of the people.  Positive law: • Dictated by a sovereign or other central authority (i.e. Congress) to prevent disputes and wrongs from occurring. Day 1

7. Day 1 Assignment Complete Pages 1 and 2 of the Lesson 1 Review Sheets. Please keep the pages stapled together. We will work on these in future days. Day 1

8. Day 2 The Origin of Our Legal System What’s Your Verdict? (Page 6) • Do you think the courts should intervene in the strike? Why? • Who should be punished? • What is a fair punishment? In the U.S., courts can use an injunctionto limit the number of picketers. Strikers who violate the injunction can be held in contempt of court and jailed. Day 2

9. English Common Law Origin of our legal system because of custom-based laws repeating over & over. • Precedent: • Courts use prior laws (cases) as a guide to decide similar cases. • Ex: Michael Vick Case - Should all people receive the same penalty or should prior cases be used to guide penalties? • Jurisdiction: • The power to decide a case. Day 2

10. English Common Law Louisiana is the only state whose law was not originally based on English common law (ECL). • Use French code but later adapted to ECL Advantage of Common Laws: Custom-based law are created • Uniform laws • Adaptable (can adapt to change) Day 2

11. Advantages of English Common Law Disadvantage of Common Laws: setting precedents sometimes created unfair circumstances; circumstances vary. Common Law Alternative: Equity Courts • Fairness Day 2

12. Day 2 Assignment: With a partner, analyze one of the cases on Page 8 of the textbook. • Discuss the case and prepare your arguments to hand in (typed if possible). • If time allows, we will discuss the cases as a class. Day 2

13. Day 3 Types of Laws • Constitutions • Statues • Administrative Regulations Day 3

14. Constitutional Law • Constitution: A document that sets forth the framework (presents the structure) of a government and its relationship to the people it governs. • Constitutional Laws are based off of constitutions as they are interpreted by court justices (judges). Day 3

15. Constitutional Law Constitutions allocate power between: • People and their government • Bill of Rights • State and federal governments • Interstate vs. intrastate commerce • Branches of government • Executive (President), legislative (Congress) and judicial (Supreme Court) Day 3

16. Statutes Statutes • Laws adopted by Congress or a state legislature. Ordinances • Laws passed by local governments (cities, towns, etc.) Day 3

17. Administrative Regulations Administrative agencies: governmental bodies created by federal, state, and local legislatures to carry out particular laws. • Ex: IRS, DMV, SSA • May have legislative or judicial powers Day 3

18. Case Law Case law: made after a trial has ended and one of the parties has appealed the result to a higher court (appellate court). Stare decisis (stah-ree duh-sigh-sis) • The legal common law doctrine that requires lower courts to follow established case law in deciding similar cases (“to adhere to decided cases”). Day 3

19. Law Hierarchy Federal Laws outweigh State Laws which outweigh Local Laws A law is unconstitutional when it conflicts with a constitution. Day 3

20. Checks and Balances • Legislative bodies can overrule courts. • The people can overrule legislative bodies by voting and by talking to their elected representatives. What’s Your Verdict? (Page 10) • What can you do to change a Supreme Court decision? Day 3

21. Criminal vs. Civil Laws • Civil laws: wrongs against individual persons. • Criminal laws: govern each citizens’right to live in peace. • Crime: an offense against society. What’s Your Verdict? (Page 11) Day 3

22. Procedural v. Substantive Laws • Procedural laws deal with methods of enforcing legal rights and duties • How and when police can make arrests • Trial methods • Substantive laws defining rights and duties of conduct except those involved in enforcement. • Define offenses: murder, theft, vehicular homicide, etc. Day 3

23. Business Law • Business law specifically covers rules that apply to business situations and transactions; however, other kinds of laws may also affect business practices. • Affect both business & consumers Day 3

24. Day 3 Assignment: Write your answers to the 9 “Think About Legal Concepts” questions on Page 13 to hand in. Finish for homework if we run out of time. Day 3