Street Law Chapter 1

Law Rules and regulations made and enforced by government that regulate conduct within a society Jurisprudence- the study of law and legal philosophy Home, School, Outside World Without law there would be confusion and disorder No one is above the law. (Laws are the same for all.)

Laws and Values Laws are influenced by society’s ideas of right/wrong Laws must balance minority rights with majority rule along with responsibilities As values change, so do laws

Goals of Legal System Protect human rights Promote fairness Help resolve conflict Promote social order and stability Promote desirable social and economic behavior Represent the will of the majority Protect the rights of minorities

Values Creating Laws Moral Economic Political Social Environment Killing, Stealing (wrong, loss of property, punishment, respect) Economic Tax benefits to home owners, right to hold a job with fair and safe working conditions, adequate pay, right to own property Political Vote, freedom of speech, religion, press, participate in gov’t Social Free public education, food, housing, health care Environment Right to live in clean, safe environment

Can Laws Solve Social Problems? Alcoholism Drug Abuse

Which Value is Involved? Economic, Social, Political, or Moral? All drivers must stop at stop signs. It is a crime to cheat on your tax return. All citizens may vote at age eighteen. Special government programs lend money to minority-owned businesses at low interest rates. Government officials may not accept gifts from people who want them to pass certain laws. Possession of marijuana is a crime.

Answers All drivers must stop at stop signs. S It is a crime to cheat on your tax return. E All citizens may vote at age eighteen. P Special government programs lend money to minority-owned businesses at low interest rates. E Government officials may not accept gifts from people who want them to pass certain laws. M Possession of marijuana is a crime. M

A democratic system of government cannot function unless the law is respected. Society must be based on the “rule of law”. ALL MEMBERS of society must support the legal system. No one can be above the law.

The Case of the Shipwrecked Sailors Read the case 1.2 on page 6 Answer questions a-f

Human Rights Rights that belong to all people simply because they are human beings Dignity and respect Homes, schools, workplaces

What human rights are important to others? Universal Declaration of Human Rights (1948) Protects freedoms of speech, religion, press, and right to participate in government Adequate food, education, housing, health care Job, safe working conditions, salary, own property Countries use human rights when writing laws Human Rights in USA pg. 11 Read and answer a-b Discuss with class

Balancing Rights with Responsibilities With every right comes a responsibility Trial by jury- serve on a jury Democracy- vote Attend school- _________________________ Just because you have the right to do something does not mean that you should Freedom of speech- hateful/abusive words

Kinds of Laws Criminal Law Regulate public conduct in society Brought by the gov’t Punished by prison, fine, supervision Two categories Felonies- punished by more than one year in prison Murder, robbery Misdemeanor- punished by less than one year in prison/fine Assault, theft

Civil Law Regulate argument between two people Brought by one person against another Court can award money for damages

Trial Defendant- person accused of crime Plaintiff- person harmed by defendant Prosecutor- lawyer helping plaintiff Burden of Proof Beyond a reasonable doubt- every person on the jury must be certain the defendant committed the crime One juror that believes the defendant is innocent will set the defendant free Criminal Cases Preponderance of evidence- the evidence shows the defendant PROBABLY committed the crime Civil Cases

Criminal or Civil Laws? Problem 1.7 pg. 15 Read and answer a-c

Our Constitutional Framework Highest law in land Limited government Checks and Balances Bill of Rights First 10 Amendments Separation of powers 3 branches: executive (President), legislative (Congress), judicial (Supreme Court)

Legislative Branch Congress Two houses: Senate and House of Representatives Writes/Passes laws (Statutes) Laws must pass both houses Can override Presidential Veto with 2/3 vote

Executive Branch Veto- cancel a law written by Congress

Judicial Branch Judicial review- examines a law from Congress Unconstitutional- violates the Constitution and cannot exist Congress does not have authority to pass law (State issue) Federalism (State, Federal, Both Powers) Congress passed a law that violates the Constitution

Constitutional Principles Problem 1.8: Is it separation of powers, checks and balances, judicial review, federalism, or a combo? A state law requires that a prayer be said each day in public schools. The courts rule that the law violates a First Amendment clause that prohibits the government from establishing a religion. The U.S. Congress passes a law requiring that Supreme Court sessions be televised. Because a prison is very old and overcrowded, a state court orders the state legislature to spend $100 million on a new prison.

The courts prevent the state from passing a law that violates the Constitution (checks and balances) and have the authority to invalidate such a law (judicial review). When the legislative branch puts requirements on the day-to-day operations of the judiciary, it raises a genuine question about the separation of powers. An argument for allowing this law is that Congress funds the Court and might be able to condition the Court’s funding on its televising public sessions. The state court prevents the legislature from subjecting the prisoners to unconstitutional deprivation of rights (checks and balances). However, the court does not have the power to spend the money directly (separation of powers).