1. Law and Civics Chapter 1 What is Law?

2. Law Law is the rules and regulations made and enforced by the government that regulate the conduct of people

3. Government Makes Laws… … that affect almost every aspect of daily life – For example… Why are you here right now? How did you get here? What are you going to do for the rest of the day? How about the weekend? Why is Kyle so lame?

4. Without laws… … there would be much confusion and disorderly conduct No law in a society is the idea of “Anarchy” Would humans get along peacefully in a lawless society?

5. Democratic System of Government … cannot function effectively unless its laws are respected be the people the laws are intended to govern This is similar to the Enlightenment Theory of the “Social Contract” by Jean Jacques Rousseau

6. “Rule of Law” The Rule of Law requires that the rules by which we are governed be known in advance and created through democratic processes In other words, we know what to expect from our government and laws they pass.

7. No One Is Above The Law All members of society- average citizens to the president of the United States are subject to support the legal system and obey its laws Just ask these guys…

8. Laws and Values Laws generally reflect and promote a society’s values… With that said out country looks to achieve many goals…

9. Protecting Basic Human Rights

10. Promoting Fairness

11. Helping Resolve Conflicts

12. Promoting Order and Stability

13. Promoting Desirable Social and Economic Behavior

14. Representing the Will of the People

15. Protecting the Rights of Minorities

16. Your Turn… Chapter 1 Activity, “Basic Concepts” – For each of these laws, what is the primary goal of that law? – While this law might have other goals, try to figure out which goal is the main one behind this law

17. PUT IT ALL TOGETHER!!! Laws Balance Rights… … with responsibilities, the will of the majority with rights of the minority, And the need for basic human rights.

18. Laws Based on Moral Values Deal with fundamental questions of right and wrong Ex- laws against killing promote society’s primary moral vale- protection of life. But does this defend every time of killing? – Murder, Military Combat, Self Defense, Accidental Death, Medical Complications, etc

19. Laws Based on Economic Values Deal with the accumulation, preservation, use, and distribution of wealth Many laws promote economic values by encouraging certain economic decisions and discouraging others Ex- Tax benefits, shoplifting laws, forgery, etc

20. Laws Based on Political Values Reflect the relationship between governments and individuals Examples include: making the process of voting easier to register/ participate in, the ability to participate in Primary Elections, etc.

21. Laws Based on Social Values These concern issues that are important to society For example: It is an American social value that all students are provided with a free public education Therefore: All states have laws on education/ their own education system.

22. Laws Based on Social Values Cont. These laws can also change For example, Women’s sports were once seen as an after thought. This view is very changed and laws have been passed to support women’s sports

23. Title IX Title IX is the law that the media refers to when they discuss the legal bill that makes equal opportunity for men and women through funding, opportunities, etc

24. July 10 th, 1999 The US Women’s National Team wins the 1999 FIFA Women’s World Cup in front of a crowd of 90,125 fans in the Rose Bowl, Pasadena, CA… This event would not have been possible without the passing of Title IX

25. Combo Laws Many laws combine moral, economic, political, and social values Ex- Laws against theft – Moral Issue of Stealing – Economic Issue of Protection of Property – Political Issue of how the government punishes those who violate criminal statutes – Social Issue of Respecting the Property of Others

26. Car Theft in NJ http://www.criminaldefenselawyer.com/resou rces/auto-theft-laws-new-jersey.htm http://www.criminaldefenselawyer.com/resou rces/auto-theft-laws-new-jersey.htm

27. Human Rights Human Rights are the rights that all people have simply because they are human beings. To advocate human rights is to demand that the dignity of all people be respected Violations can be by governments of individuals

28. Human Rights Continued Human rights apply in people’s homes, schools, workplaces, EVERYWHERE!!! The first international Human Rights document was the Universal Declaration of Human Rights (UDHR)Universal Declaration of Human Rights (UDHR)

29. Universal Declaration of Human Rights Statement of Basic Human Rights for government that has been agreed upon by almost every country in the world Easily summed up: everyone has the right to liberty, education, political and religious freedom, and economic well being Bans torture and says that ALL people have the right to participate in their government process

30. Other Major Human Rights Treaties The International Covenant on Civil and Political Rights – Protects freedoms of speech, religion, and press and the right to participate in government The International Covenant on Economic, Social, and Cultural Rights – Provides for the right to an adequate education, housing, health care, protection of property, employment in safe conditions, and an adequate salary

31. Other Major Human Rights Treaties Continued The Convention on the Rights of a Child – Spells out basic human rights which children are entitled. – These include: The right to education To be free from exploitation

32. Chapter 1 Continued… Reservations- a legal way of making a provision less enforceable than it might otherwise be – Examples include: Polluting after a football game – Underage Drinking – Stealing Cable or Internet Service – Watching a movie in class

33. Why Reservations is discussed here… When the US signs an international Human Rights document, it takes reservations because if the Federal government executed the document to the max, it would violate states rights. AND WE KNOW WHAT HAPPENED WHEN LAST TIME…

34. NOT… GOOD…

35. US Bill of Rights Even though we have signed Human Rights Declarations, we have been pioneers in this realm with the US Bill of Rights There are many Human Rights, although not known as Human Rights at the time, within the Bill of Rights such as the freedoms of religion, speech, assembly, press, and defense

36. 2 Major Groups of Law Laws fall into two different groups… CivilCriminal

37. Criminal Law Criminal Laws regulate public conduct and set out duties owed to society Criminal Law cases can only be brought up by the government against a person charged with a crime This has changed since the founding of our country is “RICO” Statutes and Law Codes“RICO”

38. Criminal Continued… In criminal law, there are two divisions of criminal offenses: Felonies and Misdemeanors Felonies are crimes such as murder and robbery are the more serious of crimes If convicted of a felony, a person serves over a year in prison, can be fined, placed under supervision, etc.

39. Misdemeanors Misdemeanors are crimes that one can not serve more then a year in prison for. Violators can still be fined, have privileges such as a driver’s license taken away Examples include: Traffic violations, simple assault (fights), minor theft, etc.

40. Civil Laws Civil Laws regulate relations between individuals or groups of individuals Examples on TV include…

41. Civil Action A Civil Action is a lawsuit that can be brought by a person who feels wronged or injured by another person Courts may award money or order that the offender makes amends some other way Civil Laws regulate everyday situations such as marriage, divorce, contracts, real estate, insurance, consumer protection, and negligence

42. In the Court… The Defendant- is the person accused of committing the crime/ civil violation The Plaintiff- In a civil court, this is the person or company harmed

43. OJ……… Your text book uses the OJ Simpson trial of the mid 1990’s as the example for how criminal trials have their proceedings. OJ Simpson was being prosecuted in the brutal murders of his former wife, Nichole Brown Simpson and her friend Ronald Goldman

44. Who was OJ? OJ Simpson was a football MEGA Star Winner of the 1968 Heisman Trophy Award while at USC First Pick Overall in the 1969 NFL Draft for the Buffalo Bills The First Running Back to Run for Over 2,000 yards in a season- Only one to do it in a 14 game season

45. The OJ Trial To say that this trial was a big trial is like saying the Yankees are a big baseball team THIS WAS THE TRIAL OF THE DECADE The PROSECTUTER in this criminal case was the Los Angeles District Attorney. – Prosecutors are the government paid attorneys which look to present evidence against the defendant in order to convict them of a crime.

46. OJ Continued… In order to a conviction, the LA DA office had to prove that OJ Simpson was guilty BEYOND A REASONABLE DOUBT… – Beyond a reasonable doubt refers to the idea that if the jury has ANY reasonable doubts on a person’s innocence, then they must vote NOT GUILTY – DID THEYYYYYYYYYYYYYYYYYYYY???

47. OJ CIVIL TRIAL Even with OJ Simpson being found not guilty in the Criminal Trial, Ron Goldman’s father brought a civil suit against OJ Simpson In essence, this case was Fred Goldman v. OJ for “damages resulting in the from the wrongful death” of Goldman’s son

48. The Lesser Known OJ Trial FRED GOLDMAN V. OJ SIMPSON

49. In this OJ Trial… In a civil trial, the plaintiff, in this case Goldman, wins by convincing the jury (or judge in a case without a jury) by “Preponderance of the Evidence” Preponderance of the Evidence is a lower requirement for proof then “beyond-a- reasonable doubt”.

50. Preponderance of the Evidence The reason for the differences in burdens of proof is that in a civil trial, the defendant loses money instead of a lengthy prison sentence or even the death penalty. The Goldmans’ won their case in the civil court, but the public often has no idea how OJ Simpson could be guilty in one court and not the other.

51. THE CASE OF THE SHIPWRECKED SAILORS Listen to the story and questions about this case, this will be important for your worksheet

52. Our Constitutional Framework Contained in our Constitution, our highest law in the land, are fundamentals and principles which govern all laws and regulations in our country. – These include: – Limited Government – Separation of Powers – Checks and Balances – Federalism – The Bill of Rights

53. Limited Government Limited Government is a fundamental notion in our Constitution which the governments power is limited and CANNOT be all powerful This is established by other fundamentals and principles of the Constitution

54. Separation of Powers Separation of Powers is a concept in which the power of our federal government is split into 3 branches, with each branch having its set of established powers… – Executive – Legislative – Judicial

55. Statutes In the Legislative Branch(US Congress/ state legislature/ town council), STATUTES are laws passed and enacted by legislatures

56. Checks and Balances This is the fundamental principle which was designed to prevent one branch from being too powerful and abusing its power One example of a Check and Balance is a President’s power to VETO- This is where the President refuses to sign, therefore disapproving a law passed by Congress

57. Jersey Shore Veto! An Example of a Veto- Governor Christie vetoing the tax break for the “Jersey Shore”

58. Judicial Review Judicial Review enables a court to declare “unenforceable” any law passed by Congress or a state legislature that conflicts with the Constitution When the Courts declare a law UNCONSTITUTIONAL there are 2 reasons…

59. 2 Reasons A Law is Unconstitutional 1.The government has passed a law that the constitution does not give it the power to pass 2.The Government has passed a law that violates someone’s rights.

60. Last aspect of “Unconstitutional” Judicial review also gives the courts the power to declare an action of the executive or legislative branch to be unconstitutional For example: The courts can strike down a regulation improperly issued by an executive branch agency

61. Federalism Federalism is the division of power between the states and the federal government The federal government’s powers are listed in the Constitution and the remaining powers are reserved for the states

63. Bill of Rights The first 10 amendments of the US Constitution. Among these rights are the rights to religion, freedom of speech, no unreasonable searches and seizures “The Courts have decided that most provisions of the Bill of Rights limit the power of state and local governments as well as the federal government”

64. THE END FOR NOW!!!