Chapter 1 - What is Law

8/13/2019 Chapter 1 - What is Law

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Chapter 1 - What is Law?

Jurisprudence is the study of lawand legal philosophy

Define: Law

The rules and regulations made andenforced by government that regulatethe conduct of people within a society

For a legal system to work, all mustobey the laws, No one is above thelaw.


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Laws and Values

Why do societies create laws?

What do they hope their laws will

accomplish? Is it possible that the goals and laws

may conflict with one another?

What societal problems cannot besolved by laws?

Problem 1.2


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Law and Values continued

Our legal system is influenced by oursocietys traditional ideas of right andwrong.

We expect our legal system toachieve these goals:

1. Protect basic human rights

2. Promote fairness 3. Help resolve conflicts

4. Promote order and stability


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Laws and Values Continued

5. Promote desirable social andeconomic behavior

6. Represent the will of the majority

7. Protect the rights of minorities

Do we see how these goals canconflict with one another?

Laws can be based on moral,economic, political or social values.As values change, so can laws.


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Human Rights

Human rights are the rights all peoplehave just because they are humanbeings

Government and private individualscan violate human rights

Human rights apply everywhere

(home, work, school) and we havethese rights from when we are bornuntil we die.


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Human Rights Continued

The Universal Declaration of HumanRights was adopted by the UnitedNations in 1948.

Why is it important that we have thisdocument of basic human rights?

Problem 1.5


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Rights and Responsibilities

We as citizens have many rights, butwith the rights come responsibilities

Our focus on individualism hashindered our sense of community

Examples:

Jury

Voting

Laws themselves


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So what about GoodSamaritans?

Some states have considered GoodSamaritan laws, which would requirecitizens to help others in need of

assistance. What are the pros and cons of such aproposal? Discuss this in a group of 3

Things to consider:

How much aid the law might require awitness to give.

Would the type of victim make adifference? (a child, for example)

Should the law impose a civil or criminalliability on the bystander who fails to help?


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Kinds of Laws

Laws fall into two major categories: Criminalor Civil

Criminal laws regulate conduct and set outduties owed to society

A criminal caseis a legal action brought by thegovernment against a person charged withcommitting a crime

The standard of proof in a criminal case is

beyond a reasonable doubt


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Kinds of Laws Cont.

Criminal laws are divided into twocategories:

Felonies penalty is more than oneyear in prison

Examples include murder, or robbery

Misdemeanors penalty is prisonterm of one year or less

Examples include assault or theft


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Civil Laws

A civil action can brought by a personwho feels wronged or injured byanother person.

The burden of proof in a civil case is apreponderance of evidence


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2 New Vocab words

1. Checks and Balances

2. Judicial Review


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Our Constitutional Framework

Our government was set up to limitits powers

Limited Government -means that

the government has only the powersgranted to it by the constitution

Separation of Powers- is the idea

of separating powers of governmentto keep any single one frombecoming too powerful


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Constitutional Framework Cont.

Judicial review- is the power of theSupreme Court to declare a lawunconstitutional

Veto- means to refuse to approve. This isa power the president has over legislation.

However, congress does have the power tooverridea veto with a 2/3 vote

Checks and balances- the powersmentioned above illustrate how thebranches of government can limit eachothers power


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More Constitutional Framework

Judicial Review and the Constitution

Federalism

Limited government and the Bill ofRights

Amendments

Chapter 1 - What is Law

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