An Introduction to Law

Learning Goals: Investigate what a law is Describe the 5 functions of law Discussion/Reflections regarding laws in practice/how society views laws

WHAT IS A LAW? Why do we have laws? BRAINSTORM… WHAT IS A LAW? Why do we have laws? Now - Use pages 6-8 from the textbook to help you with this page.

1. What is a Law? (consider wearing a hat while in school compared to a fight in the hallway) Laws are a set of rules established and enforced by the government. Laws are mandatory (EVERYONE must follow them). Laws involve a detailed system of consequences. You are not going to have the same punishment for wearing a hat as you will for getting into a fight in the hallway. Different punishments for different offences.

2. Explain: A “society” of one requires no laws but as the population increases so will the number and complexity of the laws? ONE – actions do not interfere with the needs or concerns of anyone else Population Increase – the more people there are, the more varied are the interests and requirements of the group. Therefore, the need to restrict, within reason, the complete freedom each person claims will be greater.

Societies have different interests and requirements. 3. Every society or state will develop individual laws. Some of these laws are universal and others are specific to the populated region. Why do different laws exist for different societies? Societies have different interests and requirements. Example: In Canada we must have labels printed in French & English. The United States only require English (some states require Spanish as well)

4. List the Five Functions of Law and briefly explain each. 1. ESTABLISH RULES OF CONDUCT – Laws are needed to minimize or reduce possible conflicts.   2. PROVIDE A SYSTEM OF ENFORCEMENT – Laws must be enforced for people to believe in them and respect them. 3. PROTECT RIGHTS AND FREEDOMS – The Charter of Rights and Freedoms limits law makers and law enforcers as well as individuals. 4. PROTECT SOCIETY – Laws are needed to protect you and others from people or groups who might take advantage of you. 5. RESOLVE DISPUTES – Laws help create order and ensure that disagreements are solved fairly.

Rules vs. Laws Rules Not enforced by the courts You can opt out of rules You can change the rules on your own Laws Enforced by the courts You cannot change them on your own You may be punished by the courts if you break them Where do you have rules in your life? School, work, home, sports, personal, church   Examples of rules you must follow in your life: No using cellphone in class Curfew No swearing at a teacher Treat customers with respect

What happens if you break these rules? Penalty, loss of trust, possessions taken away How is that different from breaking the law? Not as severe, don’t go to court over it Examples of laws that you must follow in your life: No killing Driving Underage drinking What are some examples of consequences of breaking the law? Jail time Ticket (fine) Probation Community service 

Identify the following as either a Rule (R) or a Law (L) Get your homework in on time R L Do not put garbage in the recycling bin Do not waterski at night Wear your seat belt in your car Do not smoke on school property Do not swear at your teachers Do not smoke in a car with a child passenger Turn off your cellphone in the movie theatre Do not wear your hat in class Do not download music from the Internet

RULE OF LAW Laws are needed in society Law applies equally to everyone No one can take away your rights, except in accordance with the law

6. Many people would argue that when laws increase an individual’s freedom decreases, which makes the concept contrary to one of the main functions. Others would counter the argument by stating that restricting some freedom only allows you to enjoy more freedoms and rights. Explain both points of view using appropriate examples and conclude your position 1) Laws increase—individuals freedom decreases - Not necessarily true – more freedom to be in public, i.e. less discrimination Oppose: texting & driving- stricter rule, less freedom   2) Restricting some freedom only allows you to enjoy more freedoms & rights  texting & driving – allows you to share the road safely Oppose: Religions laws & Discrimination- not allowing certain groups to discriminate/ operate- increase freedom of others

7. Some students would argue that to establish ‘grounds for fair play’, all high schools in the county should have a standardized code of rules. For example: dress code, length of periods/day conduct/penalty etc. Answer the following questions on a separate sheet: What would be the advantages and disadvantages of this code? Why do schools have their own set of rules? Which side of the argument would you be on? Why? Dress code: Advantage: Uniformity, no discrimination Disadvantage: less expression, stereotypes CBC article- 30 students sent home due to attire

8. Laws are constantly changing 8. Laws are constantly changing. Using the headings listed below, explain with the use of examples why laws are ‘dynamic’ AREA EXAMPLES OF CHANGES Technology   Internet  identity fraud, cyber bullying cell phones Social Gangs Drinking & driving Various ethnic groups Smoking Gathering in public i.e. demonstrations/ with friends – events happening in world (9/11  airports) Political Platforms  taxes  healthcare  education Environmental Pesticides – response to global warming Aerosol sprays Littering “Green Movement” – social groups pressure Economic Taxes – HST Counterfeit money Scientific DNA

9. Many people consider it to be all right to commit small ‘petty’ crimes. (speeding, running yellow/red lights, drinking underage). Their arguments often involve: I’m not hurting anyone! I won’t get caught! What’s the ‘Big Deal’! Laws must reflect society’s needs and must contain an identifiable purpose and consequences must be imposed for wrongful actions. If this criteria is not present, individuals will constantly ‘break the law or rules’. Explain a school rule or a law (other than the ones above) that are constantly being challenged or abused and explain why this particular case takes place. Phones Dress code Jaywalking Hats Smoking Pot

Rather take the chance, not enforceable 10. You traveled over to the U.S. for a day and got a great deal on a pair of basketball shoes and a jacket. You have saved about 50% compared with the price in Canada. The border guard asks you if any ‘goods’ have been purchased. You know the duty will reduce the ‘great deal’. Are you the type to take a chance and say nothing or in this case are you honest? What do you think most people would do? What message does this reveal? Answer on another sheet. Rather take the chance, not enforceable

On a piece of paper answer the following questions What is a Law? Why do different laws exist for different societies? List the Five Functions of Law