3/9/20161 Introduction to Law

3/9/20162 Intro to Law Laws reflect life Laws reflect life Laws reflect our values and morals. Right from Wrong Laws reflect our values and morals. Right from Wrong Laws tell us the rules of the game Laws tell us the rules of the game

3/9/20163 For each of the following laws, indicate whether moral, economic, political, and/or social issues involved. Explain your response. 1. All drivers must stop at stop signs. 2. It is a crime to cheat on your tax return. 3. All citizens may vote at age Special government programs lend money to minority-owned businesses at low interest rates. 5. Government officials may not accept gifts from people who want them to pass certain laws. 6. Possession of marijuana is a crime.

3/9/20164 The development of law How did the idea of laws develop ? How did the idea of laws develop ?Nomads Villages & Towns Hammurabi’s code Hammurabi’s code Magna Carta Mayflower Compact U.S. Constitution The Bill of rights

3/9/20165 What do we expect our legal system to achieve? 1. Promote our basic human rights 2. Promote fairness 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

3/9/20166 The Balancing Act How do we balance peoples right to do something against what society says is not appropriate? How do we balance peoples right to do something against what society says is not appropriate? Rights vs. Responsibilities Rights vs. Responsibilities “radical individualism” “radical individualism” Focus on rights Focus on rights The judicial system is the key to balancing our rights The judicial system is the key to balancing our rights

Different Ways to Make Laws 1. In the Legislative Branch 2. The People 3. Judge – Made Law (stare decisis)

The Legislative Branch A Brief Review A Brief Review A Brief Review A Brief Review Introduced (Senate/House) Introduced (Senate/House) Committee Committee Passage by both Houses Passage by both Houses Sign/veto by President Sign/veto by President All states must follow federal laws All states must follow federal laws

The People Initiative – citizens propose laws (citizens gather signatures on a petition and the proposed law is put on to a vote in a state-wide election). Initiative – citizens propose laws (citizens gather signatures on a petition and the proposed law is put on to a vote in a state-wide election). Only 24 states allow voter initiative Only 24 states allow voter initiative In Michigan, need 254,205 signatures to put on ballot In Michigan, need 254,205 signatures to put on ballot Need 317,757 to propose a Michigan Constitutional Amendment Need 317,757 to propose a Michigan Constitutional Amendment Referendum – Legislature passes a law and people are allowed to approve or reject it. Referendum – Legislature passes a law and people are allowed to approve or reject it. In Michigan, need 158,878 signatures to approve/reject. In Michigan, need 158,878 signatures to approve/reject. Recall – process for removing an elected official from office Recall – process for removing an elected official from office

Judge-Made Law Judge-made (made in courts) law Judge-made (made in courts) law Stare decisis – “let the decision stand” Stare decisis – “let the decision stand” Otherwise known as precedence Otherwise known as precedence Developed in England as “Common Law” Developed in England as “Common Law” Law written by courts; almost story-like Law written by courts; almost story-like Facts, a rule, and an application of that rule to facts, and the holding, or decision of the case. Facts, a rule, and an application of that rule to facts, and the holding, or decision of the case.

3/9/ Where do U.S. laws come from? The first ten amendments or bill of rights defines the fundamental rights of all Americans and guarantees certain freedoms. State LegislaturesAdministrative Law Statute LawCommon Law Case Law

3/9/ Civil vs. Criminal Law Civil Law regulates relationships between people. Civil Law regulates relationships between people. In a civil action the outcome is usually financial. In a civil action the outcome is usually financial. Plaintiff Plaintiff Defendant Defendant Convince jury “by preponderance of the evidence” (is plaintiff’s argument true) Convince jury “by preponderance of the evidence” (is plaintiff’s argument true)

3/9/ Civil vs. Criminal Law Criminal Law deals with crimes against society and the government takes a person to court. The outcome usually involves a punishment of some kind Criminal Law deals with crimes against society and the government takes a person to court. The outcome usually involves a punishment of some kind Felonies & misdemeanors are criminal offenses. Felonies & misdemeanors are criminal offenses. Defendant Defendant Prosecutor – prove guilt “beyond a reasonable doubt” Prosecutor – prove guilt “beyond a reasonable doubt”

3/9/ When do I need a Lawyer? General rule: When you have legal questions or difficulties. Specifically: If you are involved in a criminal or civil case. Contracts Contracts Estate planning or wills Estate planning or wills Organizing a business Organizing a business Divorce or adoption Divorce or adoption Buying or selling real estate Buying or selling real estate

3/9/ Steps in a trial 1. Opening Statements 2. Direct examination 3. Cross examination 4. Closing Statements 5. Instructions to the jury 6. Verdict 7. Penalty

3/9/ Federal Courts Federal Courts/ Federal Law Federal Courts/ Federal Law District/ Grand Rapids Circuit Court of appeals/ Cincinnati, Ohio *Supreme court*/ Washington D.C.

3/9/ State Courts State Courts/ State Law Circuit Court $1,000.00/ more than a year District Court Less than $1, Probate Court

3/9/ Know Your Rights Know Your Rights Know Your Rights Know Your Rights Know Your Rights