CHAPTER 1 – WHAT IS LAW Mr. Cimijotti

Characteristics 1. Jurisprudence: is the study of law and legal philosophy. 2. Law Defined: are the rules and regulations made and enforced by government that regulate the conduct of people within a society. 3. Society: Recognizes the need for law. Early laws were unwritten and were called “Common Law”. Without laws confusion, chaos, disorder and anarchy will exist. Society must be based on the “rule of law”. No one is above the law.

Laws and Values Laws generally reflect and promote a society’s value. What are generally accepted values in the American society?

Legal System Is influenced by our society’s traditional ideas of right and wrong. Everything that is immoral is illegal. 1) Example: a) Child Abuse b) Murder c) Force able Rape d) Arson

Goals 1) Protect basic human rights. 2) Promoting fairness. 3) Helping resolve conflict. 4) Promoting order and stability. 5) Representing the will of the majority. 6) Protecting the rights of minorities. 7) Promoting desirable social and economic behavior.

Laws Must: a.Balance rights with responsibilities. b.Balance the will of the majority with the rights of the minority. c.Balance the need for order with the need for basic human rights.

Laws are based on four values: a.Moral b.Economic c.Political d.Social

Moral Value: Deals with fundamental question of right and wrong. 1)Example: Laws against killing results in the protection of life. Limited exceptions: 1)Self Defense. 2)In time of war. 3)Religious factor, “Thou Shalt Not Kill”. Abortion: Controversial because of different moral values between Pro-Life and Pro-Choice groups. Roe v. Wade 1973

Economic Value deals with: Accumulation. Preservation. Distribution of wealth. Use. Encourage certain decisions and discourage others. 1) Example: Home owner gets tax benefits. 2) Example: Laws against shoplifting protect property and discourage stealing by providing for a criminal penalty.

Political Values Reflect relationship between government and individuals. Laws make it easier to vote and promote citizen participation in the political process. Social Values: Concern issues that are important to society. Example: Students provided with a free public education.

Human Rights Definition: are the rights all people have just because they are human beings. Human Rights apply in: Peoples home. Schools. Workplaces. Everywhere. Universal Declaration of Human Rights Is a statement of rights which have been agreed to by almost every country. Adopted in Countries belonging to the United Nations (U.N.) agree to promote, recognize and observe human rights. Is not a binding treaty.

United Nations (U.N.) created 2 Major Treaties: The International Covenant on Civil and Political Rights which protects the rights of: Freedom of speech. Freedom of religion. Freedom of press. The right to participate in government. The International Covenant on Economic, Social and Cultural Rights which provides the rights to: Adequate education. Adequate food. Housing Employment Safe working conditions. Right to own property Health care. Adequate salary

Other human rights treaties include: Genocide. Discrimination against women. Rights of children.

Balancing Rights with Responsibilities Emphasis on rights in U.S. have led some people to criticize America for being too concerned with citizen rights while neglecting their responsibilities. Example: People want to be tried by a jury but do not want to sit on a jury when called. Laws require citizens to act responsible. Rights also employ responsibilities: Example: it is the responsibility of everyone not to violate the human rights of others.

Kinds of Laws Laws fall into (2) major groups. Criminal Law. Civil Law. Criminal Law Regulate public conduct and set out duties owed to society. Criminal Law: case is a legal action brought by the government against a person charged with committing a crime. Criminal laws have: Penalties. Offenders are: Imprisoned Fined Placed under supervision Punished in other ways.

Criminal Offenses are divided into two (2) areas: Felony: is a term of more than one (1) years in prison. Examples: Murder Rape Robbery Assaults Burglary Larceny Auto Theft Misdemeanor: the penalty is a prison term of one (1) year or less. Example: Simple Battery Larceny Under False report

Civil Law Civil Law: regulate relations between individuals or groups of individuals. Civil Action: is a lawsuit brought by a person who feels wronged or injured by another person. Examples: Car accident. Slip and fall in a store. False arrest. Civil Laws Regulate: Marriages Divorces Contracts Real Estate Insurance Consumer protection Negligence.

Can violate both civil and criminal laws at the same time. Example: O.J. Simpson Trial. Simpson found not guilty of the crime of murder (criminal law) and was sued by the parents of his wife later in court (civil trial). Defendant: Criminal case brought by the government,(State or Federal), accusing a person of a crime. Plaintiff: Civil case brought the person or company harmed against the wrongdoer. Prosecution: the government’s attorney in a criminal case. Beyond a Reasonable Doubt: the amount of proof required to convict a person of a crime. It does not mean “convinced 100%”, but does mean there are no reasonable doubts as to the person’s guilt. Preponderance of the evidence: is the standard of proof used in a civil suit. The party must provide evidence that is more convincing than the other side’s evidence.