2. What is Law?  Jurisprudence – the study of law and legal philosophy  Law can be defined as the rules and regulations made and enforced by government that regulate the conduct of people within a society

3. Goals of the Legal System  Protect basic 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

4. Law and Values  Laws must balance rights with responsibilities, the will of the majority with rights of the minority, the need for order with the need for basic human rights  Laws can be based on moral, economic, political, or social values  Moral values deal with fundamental questions of right and wrong  Ex: Laws against killing promote society’s primary moral value – the protection of life

5. Laws and Values contd.  Economic values deal with the accumulation, preservation, use and distribution of wealth  Political values reflect the relationship between government and individuals  Social values concern issues that are important to society  Many laws combine moral, economic, political, and social values  Ex: Laws against theft deal with the moral issue of stealing, the economic issue of protection of property, the political issue of how govt. punishes those who violate criminal statutes, and the social issue of respecting the property of others

6. Human Rights  Human rights are the rights all people have just because they are human beings  Human rights are violated when we treat people as though they were not human beings  The United Nations created two treaties of human rights

7. Human Rights contd.  The International Covenant on Civil and Political Rights (which protects rights such as freedoms of speech, religion, and press and the right to participate in govt.)  The International Covenant on Economic, Social, and Cultural Rights (which provides for rights such as the right to adequate education, food, housing, and health care)  Human rights are standards countries use when writing laws

8. Kinds of Laws  Laws fall into two major groups: Criminal and Civil  Criminal laws – regulate public conduct and set out duties owed to society  Criminal laws have penalties, and offenders are imprisoned, fined, placed under supervision, or punished is some other way  Criminal offenses are divided into felonies and misdemeanors

9. Kinds of Laws contd.  Felonies are serious crimes such as murder or robbery  Misdemeanors are less serious crimes such as simple assault or minor theft  Civil laws – regulate relations between individuals or groups of individuals  Civil action – can be brought by a person who feels wronged or injured by another person

10. Kinds of Laws contd.  There are two kinds of court cases: A criminal case and a civil case  A criminal case is brought by the govt. against a defendant, the person accused of committing the crime  A civil case is brought by the plaintiff (the person or company harmed) against the defendant (the alleged wrongdoer)  A prosecutor is the government’s attorney in a criminal case  An attorney has to prove beyond a reasonable doubt that a defendant is guilty (has to have proof that the person committed the crime)  Preponderance of evidence is used in civil cases (must provide enough evidence to the others guilt

11. Our Constitutional Framework  The U.S. Constitution is the highest law of the land  It was drafted over two hundred years ago. It is the longest lasting written constitution in the world  The Constitution divides govt. into three separate branches: the executive (the president and federal agencies), the legislative (Congress), and the judiciary (the courts)  The division of the branches is know as the separation of powers

12. Our constitutional Framework contd.  The executive branch is responsible for enforcing the law  The legislative branch uses lawmaking power when it passes laws (also called statutes)  The judicial branch establishes laws through its rulings, which may interpret a provision of the Constitution, a statute, or a rule issued by an executive agency

13. Our Constitutional Framework contd.  The three branches of govt. are independent, but each has the power to restrain the other branches in a system of checks and balances  The system was designed to prevent one branch from becoming too powerful and abusing its power.  One of the most important checks is the power of judicial review  Judicial review enables a court to cancel any law passed by Congress or a state legislature that conflicts with the nation’s highest law, the Constitution  The courts can declare a law unconstitutional if (1) the govt. has passed a law which the constitution does not give it the power to pass (2) the govt. has passed a law that violates somebody’s rights

14. Our Constitutional Framework contd.  Federalism is the division of power between the states and the federal govt.  The federal governments powers to make laws are listed in the Constitution, and the remaining powers are reserved for the states  The Bill of rights defines and guarantees the fundamental rights and liberties of all Americans, including the freedoms of religion, speech, and press; the freedom from unreasonable search and seizure; and other rights  The First Ten Amendments are known as the Bill of Rights

15. Our Constitutional Framework Contd.  Each state has a constitution, and most state constitutions reflect the major principle of the federal Constitution  The U.S. Constitution and most state constitutions are difficult to change  The Constitution can only be change in two ways (1) must be approved by either two-thirds vote or both house of Congress (2) or at a convention called by two-thirds of the states