What is a Law? Law-rules and regulations made and enforced by government that regulate the conduct of people , within a society.
Rules v. Laws What is the difference between a rule and a law? What are examples of rules? School Home Clubs Teams
Why have laws? 1. Promote fairness 2. Protect human rights 3. Help resolve conflicts 4. Promote order and stability 5. Promote desirable social and economic behavior 6. Represent the will of the majority 7. Protect the rights of minorities
Values that are the basis for laws Moral- deal with fundamental questions of right and wrong Economic- accumulating, preservation, use and distribution of wealth Political- reflect the relation between government and individuals Social- issues that are important to us as a society
Criminal Laws v. Civil Laws Regulate public conduct and set out duties owed to society. Legal action brought b y the government against a person charged with committing a crime. Criminal laws have penalties and offenders are imprisoned, fined, placed under supervision, or punished in some other way
Criminal Laws v. Civil Laws Regulate relationships between individuals or groups of individuals. A civil action can be brought by a person who feels wronged or injured by another person. Courts can award money for the loss or order the person who committed the wrong to make amends in some other way. Examples of civil laws are marriage ,divorce, contracts, real estate, insurance and negligence.
Criminal Laws v. Civil Laws Felonies- penalty is a term of more than one year in prisons Misdemeanors- penalty is a term of less one year or less in jail
Criminal Laws v. Civil Laws Parties involved in legal action Criminal cases –Prosecutor (government) brings charges against the defendant Civil Cases – Plaintiff files a lawsuit against the defendant
Criminal Laws v. Civil Laws Burden of Proof Criminal-beyond a reasonable doubt (90% certain the accused committed the crime) Civil- by a preponderance of the evidence (51% certain the accused is responsible)
Constitution Highest law in the land Basic Framework of our government Bill of Rights- 1st 10 amendments to the Constitution –defines and guarantees fundamental rights and liberties of all Americans
Branches of Government
Branches of Government Legislative- Constitutional lawmaking power- Congress passes laws (statutes) Executive- assist in the enforcement of laws- president and federal agencies Judicial- court rulings (precedents) have the effect of laws
Legislative Branch Makes the Laws
Legislative Branch 435 Members in the House of Representatives Makes the Laws 435 Members in the House of Representatives 100 members in the Senate
Illinois Senators Senator Richard Durbin Senator Mark Kirk
Executive Branch- President Obama and Vice Pres Biden
Executive Branch- White House
Judicial Branch- Supreme Court
Checks and Balances Separation of powers among the three branches of government Designed to prevent one branch from becoming too powerful and abusing its power
Checks and Balances Important checks that affect lawmaking power: Legislative - approve appointments of federal judges Executive- veto power- reject a law Judicial – judicial review- declare laws unconstitutional Enables a court to cancel any law passed by Congress or a state legislature if it conflicts with the nation's highest law
Separation of Powers Division of power between the three branches of the government.
FEDERALISM Division of power between states and federal government Areas of federal lawmaking authority are listed in the Constitution The remaining powers are delegated to the states.
Limited Government Concept that governments derive their just powers from the consent of the governed
Criteria for Effective Laws Fair Understandable to the Public Enforceable Expected to solve a problem