Chapter 1: Our Laws

FOCUS: Is anyone allowed to enter your house and take something that belongs to you? Are they ever allowed to? Why not? Is this true in all societies? Where did that law come from? NO the Constitution protects our rights … Laws came from the past history/culture/society and developed as we needed them to in order to preserve our communities stability.

The Evolution of Law Law =enforceable rules of conduct in society, reflect the culture and circumstances that create them. Code = an organized grouping of laws.

The Need for Law has NOT Changed Significantly for Thousands of Years The Need for Law has NOT Changed Significantly for Thousands of Years. Why? People still make the same mistakes and still need the same protections from the conduct of others.

Stages in the Growth of Law Most societies go through 4 distinct stages in forming their legal system: Individuals take revenge for the wrongs done to them. Awards of money or goods are substituted for revenge. (bounty hunters) Court systems are formed. A central authority figure intervenes to prevent and punish wrongs. Each stage/step has lead to the legal system we have today.

Hammurabi’s Code http://www.youtube.com/watch?v=ZO1r2dvLSKo&feature=related&safety_mode=true&persist_safety_mode=1&safe=active Could you guys make a video like this on teams???

In any society laws should be: Predictable Otherwise society will be unstable and replacement of the system will follow Flexible A system that is too controlling, and too rigid to change with the changing needs of society will also be overthrown. A gradual evolution takes place that best fits needs of current times.

Common Law Law based on the current standards or customs of the people. Usually based on a legal system that developed to settle disputes.

Positive Law Laws sent down by a person in power to prevent a dispute and wrongs from happening in the first place. Person could be a judge, a sovereign (king), a state court – some central authority figure.

US Legal System Our system was derivedfrom several different sources but mainly these two: English Common Law Roman Civil Law

Roman Civil Law Written, well organized comprehensive sets of statutes in code form. Only one State in the US uses this, it is Louisiana This is an example of Positive Law French settlers brought customs food language and laws to area and MANY of the state laws were developed with Napoleonic civil laws

English Common Law The other 49 states Brought over by the colonists Uses the basis of local customs and traditions

Think…Group Share Discuss amongst your group the difference between common and positive law Common law is based on the current standards and customs of the people and is usually pronounced by judges in settling people’s disputes, while positive law is set down by a central authority to prevent disputes and wrongs from occurring in the first place. ONE state can have a law while another doesn’t

Development of English Common Law Feudal Barons – acted as judges within their territories. Disputes were settled on the basis of local customs and enforced by the baron’s power.

Development of English Common Law 2. The Kings Courts- Henry II, appointed trusted nobles, ordered wrongdoers to pay with money or goods Lower courts decided smaller cases; King Court always took jurisdiction: (the power to decide a case).

3. Jury- King Henry recognized that local customs must be taken into account. A group of citizens were used to help interpret the customs, evolved into today’s juries

Advantages of English Common Law Uniform – the same for everyone, people know what they are getting themselves into. Adaptable – can change as society changes and progresses, no need to completely redo the system Precedent – prior cases used as guides for deciding similar new cases

Disadvantages to English Common Law Precedent requires rigid adherence to proper form – a misspelled word or misplaced period would nullify, or void the document Limited to only granting money for damages Waiting for the harm to occur

Equity – alternative to Common law Originally meant fairness Set up to correct the problems with straight common law Hearings conducted under different rules than common law courts No jury required, used to stop wrongs from happening Injunction – prohibits something from being done (stop the dam p. 8) or Compel something to be done Today both law and equity courts have merged (most American courts can award damages or issue orders or both)

Let’s Talk About it… Think About Legal Concepts WHAT?? Let’s Talk About it… Think About Legal Concepts In your textbook answer questions Keep accurate record of your responses for review time since these questions will be seen again on future tests/quizzes. Let’s review your answers. How many did you get right?

RESEARCH TIME… Pick one of the following countries and research the origins of their legal system. France, Germany, Brazil, Spain, Cuba, Netherlands, Switzerland, Peru, Italy, Greece Are they of the common or civil law tradition? Other? You should highlight your findings by a PowerPoint slide. Review Sample in Kdrive

FOCUS: Make a list of rules the school enforces. Make a second list of rules you must live by in your families. How do these rules affect your life? Pick one rule you would change if you had the power to do so. Tell why you’d change it. How would the changes affect you, your family, or school? Name 2 positives and 2 negatives Be prepared to discuss…

4 Main Sources of Laws Constitutions Statutes Case Laws Administrative Regulations

Sources: Constitution – highest sources of law. A document that sets the framework of a government and its relationship to the people it governs. Allocates power between individuals and the government (purpose of “Bill of Rights”) Between state and federal government (federal is the “supreme law of the land”) Among branches of the government (system of checks and balances): executive, legislative, and judicial. SEE CONSTITUTION EXPLAINED

Constitution Mainly used with defining and allocating powers among areas of government like “commerce”: Federal government: has the right to regulate interstate (occurs between two or more States) and foreign commerce Intrastate (occurs within the State) - commerce left up to the states Set up 3 branches of our Government SEE CONSTITUTION EXPLAINED

Bill of Rights First ten amendments to the constitution Protects people from actions of their government Freedom of religion, speech, and the right to remain silent, etc. SEE CONSTITUTION EXPLAINED

2. Sources- Statutes WRITTEN LAWS Enacted by legislative bodies Federal and state legislatures, composed of elected officials acting for their citizens enact laws called statutes. (Civil Rights act) Ordinance- legislation granted by the State to local levels (villages, towns, cities, & counties) http://pittsfordvermont.com/wp-content/uploads/2010/12/Pittsford_Junk_Ordinance.pdf

3. Sources- Administrative Regulations Federal State and local govt’s create Administrative agencies to carry out particular laws (rules and regulations). Social Security DMV Zoning Boards Controlled by the executive branch the thus president, governor, or mayor supervise the activities of agency.

4. Sources - Case Law Created by the judicial branch of government Made after a trial has ended and an appeal is made When the appellate court makes its ruling it publishes its opinion on the case, that opinion may set new rules in deciding similar cases Uses doctrine of STARE DECISIS (“let the decision stand”)= to adhere to decided cases, requires lower courts to follow established case law when deciding similar cases. “fills the gaps”

Review: Leash laws, building permits Income tax imposed by gov’t (16th amendment) Fair housing Act Court decisions County Health dept. Local ordinances Federal constitutional laws Statutes Case law Adminsitrative

When laws Conflict Constitution is the “supreme law of the land” Any federal, state, or local law is not valid if it conflicts with the federal constitution. So- various states can have different laws as long as law is not “unconstitutional”! Courts determine if things are constitutional

Group Work! You and your group will be assigned Enrichment Activity Research and answer questions associated with activity Once complete you will share your findings with the rest of the class Maybe do????

Types of law:

Substantive vs. Procedural Procedural Law Enforces rights and duties How and when arrests can be made Determining equitable remedies Supremacy of conflicting laws – stare decisis Two types Civil procedure/law Criminal procedure/law Substantive Law Defines rights and duties All rules of conduct except enforcement Define offenses

Criminal vs. Civil Law Criminal Law Civil Law Offense against society Disrupts the stable environment we depend on to survive Ex- laws that give us right to live in peace Civil Law Offenses against individuals Whenever one person has the RIGHT to sue another No police involved If defendant loses they are LIABLE and must pay money to the plaintiff.

Business Law Dictates business situations and transactions White collar crimes Contracts Torts – private wrongs (civil offenses) against people or organizations Uniform Commercial Code (UCC) – governs the sale and leasing of goods & certain aspects of banking/finance in all 50 states.

Let’s review…types of law: Constitutional law Based on constitution Statutes Enacted by legislative bodies Administrative law Rulings by administrative agencies Civil law Addresses wrongs done to individuals Criminal law Addresses wrongs done to society Procedural law Deals with methods of enforcing legal rights and duties Substantive law Defines legal rights and duties Business law Rules that apply to business transactions

Can a single act violate more than one kind of law, such as both civil law and criminal law? Give an example. A single act may be both an offense against society and a violation of private legal rights of an individual. For example, a drunk driver who wrecks someone else’s car has violated both a criminal law by driving while intoxicated and a civil law by damaging the property of another.

RESOURCES for REVIEW_ Unit 1 Resource BOOK- Constitution Explained Pg 11 BINGO game to review terms Constitution Explained Activities/Study Guides IE & Tests (Casey)