What is Law (Jurisprudence) Chapter 1 Unit 1 Driving Question: "What are the roots of the American Legal System?“ Please review the questions on the entrance activity. 1

The Elder Kidlets… 2 Mr. Organized Mr. Grumpy Warning: Time-Out Professional At Work Miss Smiley Some People Are Born To Carry A Briefcase “Whatever Dude”

Standards USG.1.7 Define rule of law in the United States Constitution and explain the relationship of these constitutional principles to the protection of the rights of individuals. USG.1.8 Evaluate the importance of a written constitution in establishing and maintaining the principles of rule of law and limited government. USG.2.8 Explain the history and provide historical and contemporary examples of fundamental principles and values of American law and order. USG.5.3 Discuss the individual’s obligation to obey the law. 3

Key Vocabulary Jurisprudence Society Law Values Rules Regulations Democracy “Rule of Law” Morality Illegal Criminal Law Felony Misdemeanor Prosecutor Civil Law Civil Action Defendant Plaintiff Judge Jury “Beyond a reasonable doubt” “Preponderance of the evidence” Human Rights Universal Declaration of Human Rights Limited Separation of Power Statutes Checks & Balances Veto Judicial Review Unconstitutional Federalism Bill of Rights 4

Constitutional Framework Note: this is material that you will cover in U.S. Government. However, it is important that you familiarize yourself with it in this course so that you can understand where our laws come from, how they are interpreted, and how they are enforced. 5

Constitutional Framework Limited Government – Any power not specifically granted to the feds in the USC is reserved to the states or individual. Separation of Power – the 3 branches reign supreme in their spheres. Statutes – laws Checks & Balances – Each of the 3 fed. Branches has the power to restrain the others. Veto – president’s power to refuse to approve a law Judicial Review – SCOTUS power to review laws. Unconstitutional – in violation of the USC Federalism – division of power between the Fed Gov and the states Bill of Rights – first 10 amendments to the USC 6

Start broad…go narrow. Jurisprudence – What is this? The theory or philosophy of law.  What is law? (3:30)What is law Is law transcendent? Is it universal? Where is it derived from? 7

Law & Values Learning Targets: 1.I can describe how social values interact with laws to promote a peaceful society. 2.I can describe the goals of the U.S. legal system. 8

Law Law - The written (and sometimes unwritten) rules and regulations made and enforced by a government that regulate the conduct of people within a society. “Rule of Law” – Social system under which the rules that govern a society are known in advance and created through the democratic process. No one is above the law – Laws are equally applicable to all members of a society and must be obeyed and enforced upon all members of a society. 9

Law & Values Note that - Laws generally reflect and promote a society’s moral, political, economic or social values. Therefore – The legal system is influenced by societies ideas regarding “right and wrong” (Moral and Immoral). However – not everything that is immoral is illegal AND not everything that is rational is legal. Example – lying to a friend or parent MAY BE immoral BUT IT IS NOT NECESSARILLY illegal. 10

Law & Values Moral Values – Life is worth protecting so intentional killing is illegal (usually…). Therefore, murder is illegal. Economic Values – Wealth is worth accumulating and protecting. Therefore, home owners get tax breaks & shoplifting is a criminal offense. Political Values - In a democracy citizens have equal access to the political system. Therefore, laws promote political participation of all. Social Values – Males and Females are equal. Therefore, laws (like title 9) promote equal treatment. These may be combined 11

Is “legal” always the same as “moral”? When is cannibalism morally acceptable? 12

Case Study – The Shipwrecked Sailors 1.Working with a partner reread the case of the ship wrecked sailors on page 6 of your text. 2.Discuss and answer the questions posed in Problem 1.2. Be prepared to share and discuss your answers with the class. 3.You have 5 minutes. 13

Case Study – The Shipwrecked Sailors a.Should Dudley and Stephens be tried for murder? b.As a defense attorney for D & S what arguments would you make on their behalf? As a prosecutor (attorney for the state) what arguments would you make against them? c.If convicted what should their punishment be? d.Why should D & S be convicted and punished? e.What is the relationship between law and morality in this case? f.Can an act be legal but immoral? Or morally right but illegal? 14

Case Study – The Shipwrecked Sailors Regina v. Dudley and Stephens (1884)  English Court found D & S guilty of murder and sentenced them to death. Why? Queen Victoria commuted sentence to 6 months in prison. Why? 15

“We are often forced to set up standards we cannot reach ourselves, and to lay down rules which we could not ourselves satisfy. But a man has no right to declare temptation as an excuse nor allow compassion for the criminal to change or weaken the legal definition of the crime.” Regina v. Dudley and Stephens (1884) 16

(Some) Goals of the Legal System Protecting Basic Human Rights Promoting Fairness Help to resolve conflicts Promote order and stability Promote desirable social and economic behavior Represent the will of the majority Protect the rights of minorities. 17

Consider, however, that… Reasonable people often disagree over the meaning, interpretation and application of laws… This is why we have a court system – to resolve disputes (peacefully and rationally). 18

Kinds of Laws (know these cold) Learning Targets: 1.I can describe the differences between Criminal and Civil laws and actions. 19

Criminal Laws Criminal Laws – regulate public conduct and set out duties owed to society. Brought by government against person charged They have penalties (fines, imprisonment, supervision, death) Types: Felonies – serious crimes; penalty of more than 1 year in prison (ex: murder, robbery, etc.) Misdemeanors – less serious crimes; penalty of 1 year or less in prison (ex: simple assault, minor theft, etc.) 20

Civil and Criminal Laws can be violated at the same time… Civil Laws – regulate relations between individuals or groups. “Civil Actions” are brought individuals (or groups) against other individuals (or groups) Courts may award the injured party financial compensation or some other type of compensation Think: Marriage, divorce, custody, contracts, real-estate insurance, etc. Note: Civil and Criminal Laws can be violated at the same time. (or groups) 21

Parties to the case… Defendant – person accused of committing a crime Plaintiff (Civil) – in a civil case the plaintiff is the person allegedly harmed by the defendant and the party who brings the case against the defendant. Plaintiff (Criminal) – in a criminal case the plaintiff is the state (government) who brings the case against the defendant. The state is generally represented by the Prosecutor. 22

Winning a case… Criminal – to win a criminal case the prosecutor must prove that the defendant is guilty “beyond a reasonable doubt”. Therefore, if a judge or jury has a reasonable doubt about a defendant’s guilt the must not convict (find the defendant guilty). Higher Standard. Civil – To win a civil case the Plaintiff must convince the judge or jury of the defendant’s guilt by a “preponderance of the evidence”. Therefore, if the Plaintiff shows that it is “more likely than not” that the Plaintiff’s complaint is true the Defendant must be found guilty. Lower Standard. Note: a trial may tale place before a judge (a bench trial) OR a jury (a jury trial) 23

Human Rights Learning Targets: 1.I can describe how laws promote basic human rights. 24

Human Right & The UDHR Human Rights – The rights all people have simply because they are human beings. The Universal Declaration of Human Rights (UDHR) United Nations (1948) All people have the right to liberty, education, political & religious freedom, and economic well being. Bans torture States that all should have a voice in their political process Other treaties also exist – The U.S. accepts many with “Reservations” Reservations = no applicability within the U.S. Why? 25

Mini-Moot Court Activity Learning Targets: 1.I can review the facts of a US Supreme Court case. 2.I can identify the key issue(s) in the case. 3.I can develop arguments for both sides of the case. 26

Moot Court 27

Mini-Moot Court Activity Instructions: 1.Divide up into expert groups of 4-5. (20 Min) 2.Read the assigned case summary aloud to each other. 3.Summarize and the Case and ask questions What happened? Who was the Plaintiff (Petitioner)? What is their argument(s)? Who was the Respondent (Defendant)? What is their argument(s)? What was the issue of law? How should the Supreme Court Decide the cases? WHY? 4.Organize your selves into new groups with at least 2 experts for each case – teach the others. (5 Min) 5.Class discussion (10 Min) 28

Discussion Activity: Laws & Human Rights Working as assigned: 1.List the three most important human rights that you believe should be guaranteed to all people. 2.Compare and discuss your answers with your group – COME TO A CONSENSUS. 3.Quickly review Articles 1 through 30 of the UDHR (pp of text). 4.Answer part (a) of Problem 1.5 (p. 11 of text). 5.Are there any human rights that have been left off of the list? 6.Be prepared to discuss your answers. 29

Discussion Activity: Laws & Human Rights What are the three most important human rights? a(1) – Art. 18 UDHR a(2) – Arts. 25 & 23 UDHR a(3) – Arts. 23 & 26 UDHR a(4) – Arts. 2, 9, & 13 UDHR a(5) – Arts. 1, 2, 7 19, 22, 26, & 27 UDHR a(6) – Arts. 2, 3, & 25 UDHR a(7) – Arts. 2, 3, 19, & 25 UDHR a(8) – Arts. 18, 26, & 27 UDHR a(9) – Arts. 3, 7, & 27 UDHR 30

Review Review Notes on Chapter 1 Write IDs for Vocabulary Describe how laws promote basic human rights. Describe the differences between Criminal and Civil laws and actions. Describe how social values interact with laws to promote a peaceful society. Describe the goals of the U.S. legal system. Homework: Read and Take Notes on Chapter 2 Finish Case Brief for Rogers v. State (Due August 20 th ) 31