The foundations of LAW Chapter 1

The Foundation of Law Chapter 1 Section 1

Ethics Morality Ethics What is ethical behavior? The values that govern a group’s ideas about right and wrong Ethics The rules used to determine the difference between right and wrong What is ethical behavior? How do we determine what is ethical?

Ethical Character Traits Honesty Justice Compassion Integrity

What Does Ethics Come From? Ethical rules help you deal with moral questions The Greatest Good Does the action cause the greatest good for the greatest number of people? The Golden Rule “Do unto others as you would have them do unto you” Real-World Ethics Moral rules that most people know instinctively Lying, killing Character Traits Honesty, Justice, Compassion, Integrity

How can changes in ethics help create new laws? Ethics and the Law Laws…. Require certain actions or forbids others Create responsibility Enforces rights and duties Punishes for wrong Ethics tell you what you shouldn’t do Law tells you what you cannot do How can changes in ethics help create new laws? Activity: Ethical Discussion and Dilemma

The Five Main Sources of the Law Constitutional Law Common Law Statutes and Civil Law Court Decisions Administrative Regulations

1. Constitutional Law The Constitution Articles I, II, III: Three branches of government Legislative, Executive, Judicial Article IV: Full faith and credit to other states American business benefit from Art. IV Article V: Create amendments 1-10 Bill of Rights; 13 Abolish Slavery; 19 Women Vote; 26 Voting age Article VI: Supremacy Clause Highest law in the country Article VII: How to Approve the Constitution

2. Common Law Set of law made by the courts which provide consistent rules Created by English judges who shared decisions because there was no written law Precedent- refer to past cases when making decisions

What are advantages of using it? What are disadvantages of using it? Use the Internet to find the phrase “Stare Decisis” How is it used? What are advantages of using it? What are disadvantages of using it? Order in the Court!

3. Statutes and Civil Law Civil law is based on statutes Statutes- a law passed by a government body that has been made for the purpose of creating laws Created when a legislature passes a bill or law Federal Statutes: U.S. Congress {power to spend, tax, and borrow $} Commerce Clause: Gives Congress the power to make laws pertaining to interstate commerce State Statutes: Laws by individual states (taxes) Ordinances: Laws by individual cities/towns (parking fines)

4. Court Decisions Court-made law is called case law, court decisions, or judge-made law Creating Laws- common law tradition; current laws are laws until changed Interpreting Laws- judge can interpret a law for a case, if it is confusing Judicial Review- Decide if a law conflicts with the Constitution; Supreme Court Courts can make laws by deciding whether or not laws conflict with the Constitution

5. Administrative Regulations Federal Agencies are government agencies that are formed to carry out certain laws Can make and enforce rules in the specific area

International Law International treaties US citizens are obligated to follow any treaty that the US has signed with other countries International agreements (trade)

Add these terms to your “Legal Talk” handout: Legislate: to create or pass laws Ban: to prohibit; to stop from doing Mandate: command; formal order to do something Enact: to make into law Repeal/Amend: revoke; recall; modify; change Objection!

The Structure of the Court System Chapter 1 Section 2

Dual Court System Federal Court Jurisdiction Federal court has jurisdiction over cases that involve…. U.S. vs. ____ or State vs. ____ Interpreting the Constitution Citizens from different states (exceeds $75,000) Admiralty (involving the sea) Patent/copyright Bankruptcy

Three Tier Court System District Courts has original jurisdiction (has the power to hear a case for the first time) Most federal cases begin here Courts of Appeals Appellate courts- court that hears appeals and reviews cases from lower courts Intermediate court U.S. Supreme Court Highest court Judges serve for life; appointed by President with the Senate Main purpose is to hear appeals The final interpreter of the federal Constitution

Juvenile Courts Children who need the protection of the state Not open to public No right to trial by jury / No right to bail Must be proof beyond reasonable doubt to convict a child as an adult

State Court System Local Trial Courts Limited jurisdiction Minor cases (traffic, etc.) General Trial Courts (in most states) Court of general jurisdiction Criminal and civil cases

State Court System cont. Intermediate Appellate Courts (in most states) Only hear appeals on questions of law Judge did not interpret the law correctly Did not receive fair trial State Supreme Courts Decide if the lower court made a mistake in the law Do not look at facts

Civil Trial Procedure Civil law is between two individual parties, and does not involve government. Civil Lawsuit is also known as Litigation Costly and time consuming Civil litigation begins with filing a complaint to the court Ex: Someone hit by a car and dies Defendant can face criminal court (DUI/manslaughter) AND a civil suit from the family (sue for money)

Civil Trial vs. Criminal Trial Civil law - No attorney is guaranteed or provided Costly and time consuming Does not involve the gov’t Appeal: Based only on legal mistake made during trial Criminal law - Offenses against the public Protects the public from harm Appeal: Based only on new facts/evidence that was not presented in lower courts

Alternative Dispute Resolution Mediation- a mediator helps solve a problem voluntary or ordered by the court Final decision remain with the party Arbitration- a third party settles the dispute Results in a fair solution Decision is final Conciliation- conciliator goes back and forth between parties; parties don’t meet face-to-face Avoid arguments Takes more time Negotiation- spokesperson represents each party Sometimes leads to litigation (civil suit)