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YOU and the LAW

YOU and the LAW. INTRO TO LAW Ch. 1. DEFINE LAW… How would you describe it? What does it include?. WHAT IS LAW?. LAW is defined as that set of rules or regulations by which a government regulates the conduct of people within a society.

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YOU and the LAW

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  1. YOU and the LAW INTRO TO LAW Ch. 1

  2. DEFINE LAW… • How would you describe it? • What does it include?

  3. WHAT IS LAW? • LAW is defined as that set of rules or regulations by which a government regulates the conduct of people within a society. • The field of study known as JURISPRUDENCE is devoted to answering the question of what is law.

  4. LAW AND VALUES • We expect our legal system to achieve many goals, including: • 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 • Lets read the Case of the Shipwrecked Sailors together and answer the questions…

  5. Kinds of Laws • Criminal and Civil Criminal laws regulate public conduct and set out duties owed to society. • Criminal laws have penalties like imprisonment, fines and supervision….and sometimes death • Felony – a more serious crime that requires a maximum penalty of more than 1 year in prison • Misdemeanor – less serious crime that requires a prison term of one year or less Civil laws regulate relations between individuals or groups of individuals • Civil laws have penalties that usually require a monetary payment of some kind • Divorce, auto accident, insurance, contracts, etc…

  6. What is the difference between civil and criminal cases? Civil cases involve someone filing a lawsuit because they fell they have been wronged or injured by another person The punishment in a civil case would be loss of property or money Criminal cases involve an individual, or the state in which the crime was committed, charging someone with a crime The punishment in a criminal case could be jail, prison, a fine, probation, comm. Service or death.

  7. BURDEN OF PROOF In a civil case, the burden of proof lies with the person(s) filing the lawsuit against the defendant In a criminal case, the burden of proof lies with the prosecution. The defendant has not burden of proof because…you are innocent until proven guilty in a court of law.

  8. BURDEN OF PROOF – CIVIL CASES Preponderance of the evidence: the evidence must show that the defendant is guilty of 51% or more of the accusations alleged against him/her O.J. Simpson was found guilty in the civil case because the jury did not need as much evidence to prove him guilty.

  9. BURDEN OF PROOF – CRIMINAL CASES Beyond a reasonable doubt: the prosecution must prove to the jury that the defendant is nearly 100% guilty of the accusations alleged against him/her O.J. was found not guilty in the criminal case because the jurors simply had too many doubts about his guilt

  10. Why is it necessary to have more evidence in a criminal case than a civil one? Society feels that if the defendant has a chance of losing his life, or at least his freedom, then more evidence is necessary to convict that person of the crime.

  11. Read the following 15 examples and determine if you believe they are Civil or Criminal cases!

  12. WHO MAKES LAWS? Legislatures: pass laws directly Agencies: develop laws that help put legislative rulings into effect Courts: establish laws as a result of court decisions

  13. LEGISLATURES • The U.S. Government, individual State governments, and local governments make laws. • They pass Federal Statutes or written laws established by Congress. • All lawmaking is limited by the U.S. Constitution • Citizens can take laws to court if they think they may be conflicting with their constitutional rights. • Local cities, towns and counties pass ordinances or regulations. • EX: parking bans, school laws, curfew laws

  14. FEDERAL, STATE OR LOCAL LAW? No parking on the east side of Main street between 4:00pm and 6:00 pm. In order to sell any product on public streets, the seller must first apply for and receive a vendor’s permit. No employer of more than 15 persons may discriminate on the basis of race, color, religion, sex or national origin. No person can drink an alcoholic beverage before the age of 21.

  15. AGENCIES • These are sometimes appointed by Congress or a State legislature to develop rules for implementing the law. • EX: OSHA (occupational safety and health administration) • IRS (Internal revenue service) • FTC (Federal trade commission)

  16. Agencies - commissions GO over the listed offenses, and rank them 1 – 12. Then we will talk about why you made your list.

  17. COURTS • 2 Types of courts in the U.S. • TRIAL COURTS: decide the facts in disputed situations • APPEAL COURTS: the process of asking for a new trial after you lose (only if there was a possible Error)

  18. U.S. SUPREME COURT U.S. CIRCUIT COURT OF APPEALS STATE SUPREME COURT (HIGHEST STATE COURT) APPEALS INTERMEDIATE COURT OF APPEALS APPEALS APPEALS U.S DISTRICT COURT (FEDERAL TRIALS) MUNICIPLE OR COUNTY COURT (LOCAL TRIALS) Federal Cases Local/State cases

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