Introduction to Law and the Legal System Chapter 1

What is “Law?” Set of rules made and enforced by the government Why do we need Laws? Regulate the conduct of society! Rule of Law – everyone abides

Why Have Laws? Mold Society into Acceptable Behavior Protect Society Resolve Conflict In order for a law to be effective it must have__________?

Why Does Society Punish People for Breaking a Law? Retribution – “Eye for an Eye” Rehabilitation – Present Ideal of Society and Prisons Deterrence – prevention due to the consequences Incapacitation – so “dangerous” must exclude from rest of society

What is “Jurisprudence” The study of law and how laws are made! The study of our legal system

Laws usually reflect the values of a society 3 Broad Areas of “Values” in our Society Moral values Right vs Wrong Economic values Protection of private property Political values Government and the people *Shipwrecked Sailors - page 7

What do YOU expect from our legal system? Protect freedoms Promote fairness Resolve conflicts Help achieve goals Promote order Represent majority Protect minority

2 Types of Laws Criminal Laws that are used to protect public safety Felonies Misdemeanors Civil Also called “lawsuits” Involve disputes between 2 parties over property/money Question: Which type occurs the most often?

Can an offense violate criminal and civil law at the same time? Travis and Joe get into a fight. Travis is the initiator of the fight. Joe has to be taken to the hospital. What potential problems could Travis face???

What is the Difference Between a Felony and a Misdemeanor? Felony = offense that requires at least 1 year in prison Misdemeanor = offense that requires 1 year or less Question: Parking in a handicapped parking place is a ________?

Burden of Proof What is it? Criminal case – “beyond a reasonable doubt” – all jurors/judge must have NO doubt about guilt Civil case – “preponderance of evidence” – all jurors/judge only must believe that defendant might be in the wrong Problem 1.7 – page 14 with a buddy

Federal – State – Local Laws Federal – made by Congress and approved by the President. Affects ALL of the citizens in the U.S. example? State – made by state legislative body (Illinois – General Assembly). Affects citizens in that particular state. Example? Local – made by city council/mayor. Affects citizens in city limits. Example?

Where Do Are Laws Come From? U.S. Constitution provides the framework of our country 3 Branches in our government Legislative Executive Judicial

Division of Powers Powers of the government divided into 3 branches Checks and Balances Judicial Review by Supreme Court Allows the court to check “Constitutionality” of a law. Marbury v Madison What are Amendments?

Different Types of Laws Federal Laws Congress – Federal Law always supersedes ! State Laws State Legislatures (Illinois General Assembly) Statutes Local Laws City Councils Ordinances

Chapter 2 How Are Laws Made? Federal, State and Local Laws Laws are made by 3 different bodies: Legislative Agencies Courts - Judicial Review

Let’s Go Through the Process! BILL