Introduction to Law and the Legal System Unit 1 Introduction to Law and the Legal System

Chapter 1: What is Law?

Jurisprudence Can be defined as the study of law and legal philosophy Law for us, can be defined as “the rules and regulations made and enforced by government that regulate the conduct of people within a society”

Goals of Our Legal System Protecting basic human rights Promoting fairness Helping resolve conflicts Promoting order and stability Promoting desirable social and economic behavior Representing the will of the majority Protecting the rights of minorities

Laws as a Reflection of Values Laws are a reflection of what society considers right or wrong Murdering someone goes against the value we put on human life However, not everything that is morally wrong is illegal Lying to a friend may be morally wrong, but it is not illegal

Types of Values Moral Economic Political Social Right or wrong Dealing with money Political Relationship between government and individuals Social Values that are important to society

Homework Problem 1.2 and Problem 1.3

Lawmaking Chapter 2

Laws that Come From Legislatures Laws are made by both the Federal and State governments Federal laws come from Congress, apply to citizens of every state State laws only apply to those inside of the state boundaries

Laws from Legislatures, Cont’d Statutes- laws passed by the legislative branch of government Statutes can come from Congress, or it can come from local governments or state government All state governments except for one are bicameral What state has a unicameral legislature? Congress may only pass laws on things listed in the Constitution

Legislatures, Cont’d Unless Congress is overstepping their boundaries, if a state and federal law conflict, the federal law is followed Supremacy clause Bills A law before it is passed Legislative Intent What a law actually means

Homework Finish Reading the Rest of the Chapter 2.1,2.3

Advocacy Chapter 3

What is Advocacy? Advocacy is the active support of a cause Usually involves persuading others to support the same cause Based on the gathering of facts, development of communication skills, creation of an effective plan *** First must accurately determine what levels of government are responsible for problem

Who can Advocate? Pretty much anyone can be an advocate High school students have advocated for lots of change in both school and the world

Lobbying A way to influence the lawmaking process by convincing lawmakers to vote the way you want The word comes from when people would talk to legislatures in the lobby of the capitol A lobbyist is someone who tries to convince lawmakers to vote for or against a particular issue Does lobbyists have a “bad name” right now?

Lobbying, Cont’d Lobbying can happen as an individual or as a group Also can be in person, by letter, phone, or e-mail Some lobbyists use campaign contributions, ads, gifts, large letter-writing campaigns and other techniques to influence legislatures Question: What’s the difference between grassroots and professional lobbyists?

Lobbying, Cont’d Special interest groups are special groups of lobbyists Can work on behalf of a wide range of issues Businesses and organizations hire professional lobbyists to influence legislation Professional lobbyists have an advantage because of the amount of money behind them Also, most professional lobbyists know legislators and staff from experience

Arguments Against Lobbying Some argue that lobbying allows groups or people to “buy” laws Others argue that the use of money is a legitimate way for groups to make their views heard.

Voting Voting is not only a right in the United States, it’s a responsibility of citizens What positions do people vote for? President, Vice President, 2 U.S. senators, 1 U.S. representative, governor, state legislators, etc. People also may vote on laws

Opinion of Voters Heard Initiative A type of law that has its start with the people. In order to begin the legislation process, it must gain a certain number of votes Referendum A type of legislative act that is referred to voters for final approval or rejection

Opinion, Cont’d Some state permit a recall election Allow voters to remove elected officials form office All three of these allow our government to be more democratic

Advocating, Cont’d

Voting For Laws Initiative Referendum Recall A type of law that is proposed by citizens Referendum A type of law that is approved by voters (or not) Think: Prop A Recall Allows for voters to remove elected officials form office

Who can Vote? United States Citizens 18 years old by the date of election Resident of the community where voting Cannot register to vote in more than one place at a time

Laws about Registration Can be completed in person or by mail National Voter Registration Act Requires states to make registration forms available at motor vehicle departments Also at state offices, welfare offices, and agencies that serve the disabled

Reforming Finances of Campaigns Problems with the Current System According to Some People of low or middle income cannot run successfully because they cannot raise huge sums of money Special interests receive favors in exchange for substantial campaign contributions Elected officials spend too much time raising money and not enough time doing their jobs

Campaign Finance Reform, Cont’d Why Keep Reform? Some argue that political contributions are a form of political speech Should be protected by the First Amendment Believe that limiting the amount of money one can contribute to a campaign limits their freedom of speech

History of Campaign Finance Reform In the 1990’s, corporations and labor unions gave money to political parties Called “soft money” Supposed to be used for “party building” by funding “get out the vote drives” to promote voter registration and turnout However, this money was usually used for negative ads against candidates Actually lowered voter turnout

Bipartisan Campaign Reform Act of 2002 Banned use of soft money in campaigns Prohibit certain political ads Outlaw solicitation of campaign contributions on federal property

Settling Disputes Chapter 4

How do we resolve conflicts? Disputes are part of society, and not all disputes are bad However, to function as a civilized society, we must have ways to deal with conflicts The following are ways to solve disputes

Negotiation People discuss their problem and try to reach a solution that fits everyone’s needs Can be formal or informal Usually, attorneys will try to settle disputes before they are brought to court

Stages of Negotiation: Stage 1 Preparation for negotiation All parties should come with an actual interest in solving the problem Issue must be identified Consider the issue from the opposing side Identify a couple workable solutions

Stages of Negotiation: Stage 2 The Negotiation Listening and understanding of the other side is important Ask questions to clarify where they stand A list should be made of the most workable solutions Repeat the main points of the agreement to confirm understanding

Parts of Negotiation: Stage 3 Post-Negotiation There should be some agreement on what will be said to those not involved Be willing to talk about issues that arise involving the agreement

Arbitration Both parties agree to have a third party listen to their agreements and make a decision for them Especially common in labor disputes between unions and employers

Mediation A third party is used to help the conversation between parties The third party doesn’t’ make decisions for the two involved, but they may help both sides understand each other

Homework 4.1,4.2 and read pages 46-54

The Court System Chapter 5

Trial Courts Listen to testimony, consider evidence, and decide facts in disputed situations Two sides to each case

Sides in a Trial Court Accuser Accused In criminal cases, prosecutor In civil cases, plaintiff Accused In both, defendant

Adversarial System In the United States, we have an Adversarial System Contest between opposing sides The belief is that the judge or jury will be able to determine the truth if the opposing parties present their best arguments and show weaknesses in the other side’s case

Inquisitional System Some European countries use the inquisitional system Judge is active in questioning the witnesses and controlling the court process Including the gathering of evidence

The Role of a Judge in Adversarial Trials In some cases, the judge determines the case (if the defendant is guilty or not) In jury trials, the judge informs the jury about the law involved Also may sentence those that are convicted of crimes

Selection of Jury Jury service is a civic duty Necessary to have right to jury trial Jury list is usually made from registered voters If you ignore a jury summons, you could face a bench warranrt

Selection of Jury Jurors may be excused for a number of reasons, including school, living in a different area, etc. Screened through a process called voir dire Both sets of lawyers ask questions of potential jurors Look to find any potential prejudices Removal for a cause Additionally, each attorney is allowed a limited number of preemptory challenges- allow for removal without cause

Chapter 5 Part 2

Appeals Court When one party presents arguments asking the court to review the decision of the trial court Other party makes arguments supporting the trial court No juries, or witnesses, no evidence is presented Lawyers provide legal arguments Appeals courts are usually comprised of multiple judges

Why could an Appeals Court Overturn? Error of law Occurs when the judge makes a mistake as to the law in question Could be that the judge gave incorrect instruction to jury Could permit evidence that should not be allowed

Appeals Court, Cont’d Appeals court rulings set precedents All lower courts in the area in which the decision was made must follow what the appeals court says An official opinion is made describing why the court made the decision Dissenting opinion States reasons a judge disagrees with the decision Concurring opinion Opinion that supports the decision of the court, but for different reasons