What is Law? Jurisprudence is devoted to answering this question!

The rules and regulations made and enforced by government that can regulate the conduct of people within a society. Without laws, there would be confusion and disorder.

Are all laws written? Native American tribal rules and regulations (laws) were not written. Because of this, “the white man” thought that the nations were lawless.

Laws and Values Laws usually reflect and promote society’s values Legal system influenced by traditional ideas of right and wrong Laws can be based on moral, economic, political, or social values

Moral Values Questions right vs wrong Is all killing wrong? *murder *self-defense *soldier at war *death penalty

Economic Values The accumulation, preservation, use, and distribution of wealth Interest paid on credit cards vs home mortgage Looting and Shoplifting Laws

Political Values Reflect the relationship between government and individuals Promote participation in the political process (Voting) Who makes laws?

Social Values Issues that are important to society *Discrimination *Private Property Can social values change?

Are all immorals illegal? Rape is immoral; is it legal? Lying is immoral; is it illegal?

Goals of the legal system Protect basic human rights Promote fairness Help resolve conflicts Promote order and stability Protect the environment Represent the will of the majority Protect the rights of the minority

Law and Human Rights In a democratic society, all laws must be respected in order or government to function properly All members of society must obey the laws

Categories of human rights 1. Political Freedoms of speech, religion, press, and the participation in government

2. Social Adequate education, food, housing, and health care 3. Economic Have a job with fair & safe working conditions; to own property 4. Environmental Clean and safe environment

International Protection of Human Rights The United States has recognized and signed the following documents: *Universal Declaration of Human Rights *the Covenant on Political and Civil Rights Considering ratifying the International Declaration on the Rights of the Child

Balancing Rights with Responsibilities Individual rights must be balanced with the responsibility of that right Example: trial by jury (right), serve as juror (responsibility) Example: have children (right), provide for those children (responsibility)

Kinds of Laws Two major groups: 1. criminal: -regulate public conduct and set duties owed to society -legal action is bought about by government (prosecutor) against defendant

-must prove beyond a reasonable doubt -penalty (imprisonment, fines, or both)

-divided into: felonies- more serious crimes with more than one year in prison Example: rape, murder misdemeanors- less serious crimes with prison term of one year or less Example: minor theft

2. Civil Laws Regulate actions between individuals and/ or groups of individuals Civil action can be bought about by anyone who feels wronged (plaintiff) Plaintiff wins by convincing the jury by a preponderance of the evidence (is the plaintiff’s complaint more likely than not Damaged party usually awarded money Example: car wreck

Regulate many everyday situations (ex: marriage, contracts, insurance) Sometimes, in a single action, one can violate both civil and criminal laws Example: car accident- person responsible is speeding, hit another person’s property, medical bills

United States Constitution the highest law of the land Drafted over 200 years ago, the oldest Constitution in the world, yet younger government Provides basic framework of government Lists government’s powers and limits List of people’s freedoms that government can’t take away

Principle of Limited Government Constitution limits national government to pass laws that are only listed in Article I Preserves individual liberty and freedom to govern without interference

Division of lawmaking Provided in the US Constitution Divides lawmaking duties amongst three branches (separation of powers)

Executive Branch The president and federal agencies Enforces laws Becomes a lawmaker when rules and executive orders are issued

Legislative Branch Congress makes laws (statutes at the state level)

Judicial Branch Courts Establishes laws through rulings and interpretations Judicial review- allows the courts to void a law passed by Congress or state if in conflict with US Constitution -declared unconstitutional

Branches are independent, but can restrain the other branches through check and balances Designed to keep one branch from being to powerful Example: Congress passes a law, President vetoes it

Federalism Division of power between the federal and state governments Limit on the power of the federal government (listed in the Constitution) Most civil and criminal laws are passed by state legislatures because of limit on Federal Government

The Bill of Rights First 10 amendments to the US Constitution Guarantees the fundamental rights and liberties of all Americans Limits the powers of all levels of government

State Constitutions Reflect the major principles of the US Constitution Provide for different branches of government, separation of powers, checks and balances, and judicial review Some provide greater protection of rights than US Constitution

Changes to US Constitution Difficult to change Reflect changing viewpoints Two ways: Proposed amendment to be approved by either 2/3 of Congress or 2/3 of states at a convention and ratified by ¾ of the states 27 amendments have been added