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Agencies, Courts, Advocacies

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Agencies, Courts, Advocacies

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  1. Often, criminal behavior can also form the basis for a tort, or a infringement of a right of another leading to a civil suit. It is possible that a criminal can be both prosecuted by the government for the crime and sued by his or her victim for the tort. In both the criminal case and the civil case, the person who committed the act would be referred to as the defendant. In a criminal case, the defendant can only be found guilty if the prosecution proves its case “beyond a reasonable doubt.” In civil cases, defendants are not found guilty or not guilty; they are found liable (or responsible) or not liable. In a civil case, the defendant can be found liable if the victim proves his or her case by a “preponderance of the evidence.” This means that it is more likely than not that the defendant committed the act. Which do you think is harder to prove, guilty beyond a reasonable doubt or liability by a preponderance of the evidence? Write 2-3 sentences describing why.

  2. If you could change one law that affects your life, what would it be and why? Write 3-4 sentences to explain your answer.

  3. Agencies, Courts, Advocacies Where Laws Come From

  4. 1.) Agencies • Legislative bodies (Congress, IL General Assembly) usually deal with problems in only a general way. • “safe working conditions in places of employment” • Most laws that affect you are made by gov’t agencies. • Much more specific • Occupational Safety and Health Administration (OSHA) creates regulations such as… • Standard height of guardrails in factories • Number of fire exits required • Type of safety equipment to be worn in various jobs

  5. Another Example… • National Environmental Policy Act of 1969 • “To declare national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the nation…” • Environmental Protection Agency (EPA) • Created in 1970 • Sets specific limits on pollution • Sets drinking water standards • Vehicle emissions testing VAGUE

  6. Examples of Agencies • Department of Homeland Security • Department of Transportation • Department of Education • Census Bureau • Social Security Administration • Transportation Security Administration (TSA) • National Security Administration (NSA) • Federal Bureau of Investigation (FBI) • Army, Air Force, Navy, Marines, Nat’l Guard • Etc.

  7. Agencies • Agencies with the most impact on your life are those at the state and local levels • Zoning commission decides what buildings can (or can not) be built where • Local agency may hold public hearing to decide whether a new restaurant can sell alcohol and host live music • Ridgewood School Board made decision to make millions of dollars in renovations to the school

  8. Agencies • Administrative agencies are, in effect, hidden lawmakers • Regulations issued by these agencies become law without being voted upon • However, these agencies usually hold public hearings before issuing proposed regulations • Give individuals or businesses an opportunity to express their views

  9. Arguments Regarding Administrative Rules and Regulations • FOR: • “These agencies have created bloated bureaucracies and require wasteful paperwork, interfering with the efficient operation of the marketplace.” • AGAINST: • “Administrative regulations give meaning to laws passed by legislatures, protect consumers and workers, and are an essential part to modern life.”

  10. 2.) Courts • Courts conduct trials • Person who loses trial can ask a higher court to review and change the result of a trial • Higher courts are called appellate, or appeals, courts • —Appeals court issues • written statement that • establishes precedent • for similar cases in • future

  11. For example… • If the IL Supreme Court ruled that the IL Constitution required that school funding be equalized throughout the state, then all lower trial and appellate courts in IL would have to follow that precedent

  12. Advocacy • Active support of a cause • Also involves persuading others to support the same cause • Advocacy groups… • Gather facts • Develop excellent communication skills • Create effective plans of action • Create reasonable timelines for implementation

  13. Examples of Advocacy Groups • People for the Ethical Treatment of Animals (PETA) • Mothers Against Drunk Driving (MADD) • American Civil Liberties Union (ACLU) • Boys and Girls Clubs of America • Consumers Union • National Education Association (NEA)

  14. High School Advocates • High Schoolers are becoming effective advocates on issues ranging from national issues to local issues • Homelessness • School uniforms policies • Smoking in school bathrooms

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