Chapter 1 What is Law

 The field of law with its two subject types:  Criminal  Civil

 Protect Human Rights  Promote fairness  Help resolve conflicts  Promote order and stability  Promote desirable social and economic behavior  Represent the will of the majority  Protect the rights of minorities

 Due to enlightenment school of thought, ideas are put into action to reflect rights the individual ought to have and what rights the government should not interfere with.

 Magna Carta  British Petition of Rights  Act of Toleration  English Bill of Rights  US Bill of Rights

 If human beings know the rules and the rules are tailored to prevent conflict then conflict will be minimized.

 Develop a sense of how human beings should interface with each other and develop a strong viable economy

 Creating laws that promote democratic values…like one person one vote regardless of race, gender, religion, national origin, etc..

 Ensuring the protection of the minority from the government and the majority from persecution.

 The purpose and philosophy of law.  For example? Is it a moral or legal rule? Is the law just? Is it applied justly? These are questions in the study of law. Question for thought:  Are all laws moral? Are all immoral acts illegal?

 Criminal Law-legal action is brought by government against a person charged with a crime Penalties include imprisonment, fined placed under supervision or some from of punishment  Sue Davis is robbed at gunpoint. The criminal Joe Naples is faced with armed robbery charges. State of Ohio v. Joe Naples not Sue Davis v. Joe Naples

 State must prove its case “beyond a reasonable doubt.”  If judge or jury has any doubt they must not convict.

 Misdemeanor-potential prison term of one year or less. Less serious crimes.  Felony-a term of more than one year in prison. Such as murder or robbery

 Regulates relations between individuals and individuals and groups.  A civil action is a lawsuit that can be brought by a person who feels wronged or injured by another person.  Civil laws regulate many everyday situations, such as marriage, contracts, consumer law, negligence.

 Not brought by the government, brought to court by an individual(s) known as the plaintiff-the person harmed known as the defendant.  Sue Davis is robbed at gunpoint by Joe Naples. As a result she suffers from severe anxiety attacks and can not work. She sues Joe Naples for compensation. Sue Davis v. Joe Naples. Sue-plaintiff Joe-defendant

 Must prove claim by presenting a “preponderance of the evidence.”  Plaintiff must convince the judge or jury that that it is more likely than not that the plaintiff’s complaint is true.

 Judge made law-judges use past interpretations of a law to make a decision in a new case.  Decisions of a court that are used to decide all other related issues are called precedent.  Stare decisis- Principle that precedent is binding on all future cases.

 Laws passed by Congress, Ohio General Assembly and all other authorized legislative bodies.

 Taking actions to support a cause and encourage others to support a cause?  How can advocacy change the law?  Initiative  Referendum  Recall

 Enables a specified number of voters to propose a law by petition. The law is then submitted to the voters or the legislatures for approval.  Examples: women’s suffrage, eight hour work day, Ohio’s 2006 indoor smoking ban

 Legislative act is submitted to the people for final approval.

 Voters can get a petition to put a recall measure on the ballot to remove an elected official from office.  No statewide recall of Ohio officials, no recall of school board members, only for county, city or township officials.  California recall-voters remove Gov. Davis and a recall election votes for Arnold Schwartzeneiger for Governor.