Chapter 1 What is law?

Law -the rules and regulations made and enforced by government that regulate the conduct of people within a society Jurisprudence-study of law and legal philosophy What is the purpose of law? -keep control -ensure respect Laws are a reflection of societys values -traditional ideas of what is right and wrong Not all things that are wrong, however, are illegal. Goals of Legal System 1. 2. 3. 4. 5. 6. 7. Protect basic human rights Promote fairness Help resolve conflict Promote order and stability Promote desirable social and economic behavior Represent the will of the majority Protect the rights of the minorities

Types of values 1. 2. 3. 4. Moral-dealing with the question of what is right and wrong-abortion, murder Economic-deal with the accumulation, preservation, use, and distribution of wealth Political-reflect the relationship between government and individuals-voting laws Social-values that are important to society and help maintain order-all students are entitled to public education

Human Rights -rights that people have because they are human beings -these deal with the goal of preserving and respecting someones human dignity

-are innate-we are born with human rights -Rights must be balanced with responsibilities-jury duty; apathetic bystander-see case on page 13 Bystander Effect-when people watch something happen but do not do anything to help because they think someone else already has Types of Laws Criminal Laws-regulate public conduct and set out duties owed to society. o Criminal cases are brought by the government against a person charged with committing a crime Louisiana v. Jones o Prosecutors represent the government, not an individual o Criminal laws have penalties and the convicted can be imprisoned, fined, supervised, or punished Burden of proof in a criminal matter-beyond a reasonable doubt Someone accused of a crime is called a DEFENDANT Two types of criminal offenses: o Felony-usually punishable by one year or more in prison at hard labor o Misdemeanor-punishable by less than a year in prison

Civil Laws Regulate relationships between individuals or groups of individuals These actions are called civil actions and lawsuits and are brought by a person or group of persons against another person or group when they have been injured in some way. The PLAINTIFF brings the action against the DEFENDANT The burden of proof is by preponderance of the evidence-more likely than not Courts award money damages, injunctions, etc. Several types of civil courts-family, bankruptcy, small claims, probate, etc.

Constitutional Framework Constitution is the highest law in the land o Sets out framework for United States government o Both gives and limits the federal governments power; limited government-limits the power of the government to only pass laws in areas specifically listed. Constitution divides powers between three branches of government-legislative, executive and judicial. Legislative Branch

Uses its powers to pass laws or statutes Lawmaking body is called Congress; made up of two branches: o House of Representatives-435 members o Senate-100 members-two per state

Executive Branch Enforces the law and issues executive orders that have the force of law President, his cabinet and federal agencies

Judicial Branch Establishes laws through its rulings and interprets federal laws Supreme Court and lower federal courts Judicial Review- allows courts to cancel any law of Congress, or a state legislature, that conflicts with the Constitution; can happen when: o The law violates someones rights o The Constitution does not allow the lawmaking body the power to make the law

Checks and Balances Allows each branch the ability to prevent the other branches from becoming too powerful Examples: 1. The judicial branch can declare a law unconstitutional 2. The president can veto a bill passed by Congress 3. Congress has the power to impeach the president

Federalism The belief that federal government power should be limited by the states. Any powers not given in the Constitution to the federal government are reserved for the states. This is why most criminal and civil laws are passed by state legislatures. States are free to grant people more rights than the federal government, but they can never give less (minimum wage).

Bill of Rights First 10 Amendments to the Constitution Defines and guarantees fundamental rights and liberties of all Americans Examples?? Freedom of speech and religion, right to bear arms Applies not only to federal government, but to states

Definitions: 1. 2. 3. 4. Jurisprudence-the study of law and legal philosophy Criminal Laws-the branch of law dealing with crimes and their punishment Felonies-a serious criminal offense punishable by a prison sentence of more than a year Misdemeanors-a criminal offense, less serious than a felony, punishable by a prison sentence of one year or less 5. Civil Laws-all laws that does not involve criminal matters, such as tort and contract law 6. Civil Action-a non criminal lawsuit, brought to enforce a right or redress a wrong 7. Defendant-the person against whom a claim is made 8. Plaintiff-in a legal case, the injured party who brings legal action against the alleged wrongdoer 9. Prosecutor-the state or federal governments attorney in a criminal case 10. Beyond a reasonable doubt-the level of proof required to convict a person of a crime 11. Preponderance of the evidence-usually the standard of proof used in a civil suit; the burden of proof that a party must meet in order to win the lawsuit 12. Limited Government-a basic principle of our constitutional system. It limits government to powers provided to it by the people 13. Separation of Powers-the division of power among the branches of government (executive, legislative, and judicial) 14. Statutes-written laws enacted by legislatures 15. Checks and Balances-the power of each of the three branches of government to limit the other branches power, so as to prevent abuse 16. Veto-prohibit; in government, the veto is the power of a chief executive to prevent the enactment of a bill 17. Judicial Review-the process by which courts decided whether the laws passed by Congress or state legislature are constitutional 18. Unconstitutional-conflicting with some provision of the Constitution 19. Federalism-the division of the powers between the states and the federal government 20. Bill of Rights-the first ten amendments to the Constitution, which guarantee basic individual rights to all persons in the United States