© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

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© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. True human goodness, in all its purity and freedom, can come to the fore only when its recipient has no power. Milan Kundera, Czech author What is good? All that heightens the feeling of power, the will to power, power itself in man. Freidrich Nietzsche, German Philosopher

© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Affects all people, from CEO’s to children  Affects most of life, from work to leisure Law is important  But which is more important -- written law or the people who enforce it? Law is fascinating  Complex, but never just theoretical

© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Inherited much from British law.  Founding Fathers created a multi-level government which guaranteed citizens’ rights.  Accumulation of precedent in legal cases makes up the common law.  Statutes are passed by legislative body.  Substantive rules state parties’ rights.  Procedural rules determine how courts should settle disputes.

© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  United States Constitution -- Law of the Land Establishes Congress, the Presidency and Courts Gives to states all powers not given to Federal gov’t Guarantees basic rights to all citizens  State Constitutions Create state executive, legislative and judicial systems  Statutes -- passed by federal & state government  Common Law -- established by precedent, or earlier court cases (also courts of equity)  Administrative Law -- created by agencies  Treaties and executive orders

© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Dangerous behavior outlawed by society  Regulates rights and duties of parties Criminal LawCivil Law vs.  Guilt is determined  Government prosecutes accused  Punishment or fine is imposed  Compensation is ordered  Victim, not government brings suit  Guilt not determined

© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Defines the rights of the people  Establishes processes for settling disputes  Sets the duties of government to its citizens  Regulates duties between individuals Substantive LawProcedural Law vs. Public LawPrivate Law vs. Classifications of Law

© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Actions may be legal, but immoral to some people. Actions may be moral, but not required by law. Actions may be required by both moral standards and the law. Owning slaves in Colonial America was legal, but this violates most people’s moral standards today. Helping a hurt person is required by moral standards, but is not mandated by the law. Drunk driving is both immoral and illegal. LAW MORALITY

© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Legal Positivism Natural Law Legal Realism “Law is what the sovereign says it is.” Decisions stand, regardless of morality. “An unjust law is no law at all and need not be obeyed.” Laws must have a good moral basis. “Enforcement of the law is more important than the law itself.” Enforcers determine if the law is applied in a fair and consistent way.

© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. QUIGLEY v. FIRST CHURCH OF CHRIST, SCIENTIST 65 Cal. App. 4th 1027, 76 Cal. Rptr. 2d 792, 1998 Cal. App. LEXIS 677 California Court of Appeal, 1998 Facts: Gayle Quigley and James Wantland had divorced. They had joint custody of their 12-year-old son, Andrew, who lived with his father. James was a member of the Christian Science church, a religion that regards disease as an “error of the mind” and discourages the use of traditional medicine. Members of the faith… Issue: Did the defendants have a duty to summon medical help for Andrew? Excerpts from Judge Bedsworth’s Decision: [The judge began by mentioning an earlier California case, in which the state’s highest court ruled that one person generally has no duty to protect another from harm, unless there is a special relationship between the two, such as custody or control... PLAINTIFF: the party who is suing DEFENDANT: the party being sued LEGAL CITATION: where to find the case in a law library Where and when the case was decided. FACTS: background information on the case ISSUE: the question being decided EXERPTS: the decision -- also called the holding -- and the court’s rationale

© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.