LAW MAKING How rules and laws are written and interpreted

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Presentation transcript:

LAW MAKING How rules and laws are written and interpreted TM

What is a law? A Statute is a written Law. TM

What is the Supreme Law of the Land? The United States Constitution TM

The Constitution delineates the powers of each branch of government. What does this mean? The Constitution delineates the powers of each branch of government. TM

The Three Branches of Government The Legislative Branch makes the laws TM

The Three Branches of Government The Executive Branch executes the laws TM

The Three Branches of Government The Judicial Branch interprets the laws TM

What does “Supreme Law of the Land” mean? Laws enacted by the legislative branch cannot conflict with the United States Constitution. TM

If conflict exists, the law will be invalid(Void/Nullified) Unconstitutional If conflict exists, the law will be invalid(Void/Nullified) as unconstitutional. X VS. TM

When drafting a law legislatures must consider: What is the rule intended to accomplish? Will the rule create a better environment? Will the rule keep citizens safe? TM

Is it clear and easy to follow? Is the rule reasonable? Is it clear and easy to follow? What should be the penalty for disobeying the rule? TM

Can the rule be applied to everyone equally? Is the rule fair? Can the rule be applied to everyone equally? TM

Consider the following proposed new rule for your school: No Animals are Allowed on School Grounds TM

What do you think of this rule? Consider: intent v. letter of the law. The intent is the reason for the law; the letter of the law is simply looking at the way the law is written. TM

FOR THE NEXT 5 FACT PATTERNS For each of the following fact patterns consider if the scenarios violate the law. Analyze both, if it violates intent (the purpose behind the law) and/or if it violates the letter of the law (strict definition based on the writing of the law).

Fact pattern #1: A teacher would like to bring in mice for a classroom science project. The mice will be kept in a cage. TM

Fact pattern #2: A parent walks her child to school each morning with the family dog on a leash. They walk onto school grounds to ensure that the child arrives safely. TM

Fact pattern #3: A visually impaired student brings her companion dog to school to help her move from class to class. TM

Fact pattern #4: A police dog enters campus with a police officer to investigate a crime. TM

Fact pattern #5: A hungry, abandoned dog wanders on campus and a student feeds him leftovers from the cafeteria. TM

Responses Fact patterns 1, 2, 3 and 5 arguably violate the letter of the law. Fact pattern 4 does not violate the law because a police dog is not considered a dog but an actual police officer. Hence if someone kills a police dog; he/she would be on trial for murder of a police officer. Fact pattern 1 & 3 arguably do not violate the intent of the law.

No Animals are Allowed on School Grounds Conclusion: the rule is poorly drafted because it doesn’t allow for exceptions and is too broad. TM

What would life be like in a school, city, or country without rules? Consider: What would life be like in a school, city, or country without rules? TM

Would you want to live in a society without rules? Anarchy Would you want to live in a society without rules? TM