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Law Vs Rules Difference?? Consequences??
Rules are guidelines with smaller consequences Consequences?? In/out school suspension vs Jail EX of rules in the school & classroom?
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Laws ___________Enforceable rules of conduct in a society.
Who makes laws? (government) Who makes rules? (private parties, i.e. schools, parents). ___________: Laws grouped into an organized form. (Compilations of legislation at all levels of government)
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What laws have you encountered today?
Traffic laws, discrimination laws, consumer laws, environmental laws? Note – if you say none – remember that you are obeying a law as soon as they woke up to go to school that day (as minors required to attend school).
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Why do we have laws? _______________-- prevent confusion/disorder; protect human rights; promote fairness; promote values; resolve conflicts; represent will of majority; protect rights of minorities; protect environment; govern relations between individuals/groups.
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Civil & Criminal Actions
_______________________ The group of laws that make up for wrongs against individual persons. ________________________ Laws governing the citizens’ right to live in peace.
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Comparison Criminal Actions Brought by the government
Government is known as the prosecution Prosecution has the burden of proof – ___________________ Defendant loses if found guilty Usual penalty is a prison sentence Civil Actions (TORTS) Brought by private citizens Person bringing action is known as the plaintiff Plaintiff has the burden of proof – __________________ __________________ Defendant loses if found liable Usual penalty is money damages
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Laws protect some basic values that we all recognize
List some values: Moral – fundamental values of right and wrong, (eg. crime to lie on your tax return—reflects moral value that it is wrong to lie and cheat) Social – values that are important to us as a society (eg. all drivers must stop at stop signs – reflects social value in maintaining an orderly and safe driving system that protects pedestrians and other drivers) Political – relationship between government and people (eg. all citizens can vote at 18 – reflects political value that citizens select members of the government, and only mature citizens are allowed to vote.) Economic – accumulation, preservation, use and distribution of wealth (eg. special government programs that lend money to minority owned businesses at low interest rates – reflects economic value that low interest rates encourage business growth which stimulates the economy)
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Thinking… Why do societies need laws and courts?
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Sharon was driving down a street when she failed to stop at a red traffic light. Seeing a police car approaching in her rearview mirror, she sped up to avoid being caught. She then lost control of her car and crashed through the wall of a convenience store. What types of law (s) has Sharon violated?
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4 Stages in the Growth of Law
Individuals take ________________ for wrongs done to them ____________________ of money or goods are substituted for coverage _________________________ _____________________________________
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Common Vs Positive Law ______________ law: _______________ law:
Law based on the current standards or customs of the people. _______________ law: Law dictated by a sovereign or other central authority to prevent disputes and wrongs from occurring.
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English Common Law Originally, baron enforced power based on regions where you lived. This made is difficult to see who was right or wrong b/c each region had different rules. EX: At an intersection, is it the person on your right or left who goes 1st? As a result of this confusion, King Henry decided to create a jury to interpret different customs (rules) to help provide fairness to all. _______________: Court appointed judges by King Henry Power to order that wrongdoers pay with money or goods the parties they injured.
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English Common Law Origin of our legal system b/c of custom based laws repeating over & over. ________________: courts using prior laws (cases) as a guide to decide similar cases Michael Vick Case? Should all people receive the same penalty or should prior cases be used to guide penalties? _________________: The power to decide a case. ______________________is the only state whose law was not originally based on English common law (ECL). Use Roman Civil Law but later adapted to ECL
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Advantages of English Common Law
Custom based law created ____________________________ Equity ______________________________
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Review Explain the 4 stages in the growth of law.
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Review Enforceable rules that govern a society are called_______
T/F: The Napoleonic Code was the model for the U.S. legal system. T/F: Common law is based on the current standards/customs of the people A ________ is a group of laws grouped together in an organized form. The power of a court to decide a case is called_________ The term equity means_______
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Constitutional Law Document that sets forth the framework of a government and its relationship to the people it governs Allocates power between: people & gov state & fed branches of gov federal & state level Supreme court is highest interpreter of this law
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Statutes ________________________ ____________________
________________________ Laws adopted by Congress or a state legislature. sometimes referred to as an __________________ ____________________ Laws passed by ________________________
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Administrative regulations
Administrative agencies Governmental bodies created by federal, state, and local legislatures to carry out particular laws. Ex: IRS Laws made by administrative agencies are often called ______________________________________
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Case Law ______________ law Stare decisis (stah-ree duh-sigh-sis)
Law made after a trial has ended and one of the parties has appealed the result to a higher court. Stare decisis (stah-ree duh-sigh-sis) The legal common law doctrine that requires lower courts to follow established case law in deciding similar cases (“to adhere to decided cases”). Lawyers like to use Latin to appear fancy but what that really means is: to stand by a decision
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Other Laws ____________________
The group of laws that make up for wrongs against individual persons. Laws governing the citizens’ right to live in peace. deals with methods of enforcing legal rights and duties is the body of legal rules that govern ____________________ for determining the rights of parties. How and when police can make arrests Trial methods Substantive law (sub stuh n tive law) Laws defining rights and duties of conduct except those involved in enforcement. refers to the body of rules that ____________________ and obligations of individuals and collective bodies. Defines offenses: Murder, Theft, Vehicular homicide, etc.
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Business Law Business law specifically covers rules that apply to business situations and transactions; however, other kinds of laws may also affect business practices. Affect both ____________________
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Ch 1 Test- This is what is on the test (on my website). KAHOOT
1. equity 2. laws 3. positive law 4. King’s Bench 5. precedent 6. injunction 7. jurisdiction 8. jury 9. common law 10. code 11. English common law 12. Stare decisis 13. Guidelines 14. Business Law 15. Civil Law 16. Criminal Law 17. # of stages most societies go through in forming their legal systems?
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“Drafting a new law” exercise
In groups, come up with an idea for a law (G RATED) that does not now exist, choosing from topics listed on the board or from a topic of their own choosing. Example topics: school, work, driving, birth control, drugs, guns, environment. Two groups can work on the same law (separately), then compare their drafts, and let them debate which is better to the class. Give example of a new law: EX: “Summer vacations should be eliminated and students should attend school year round.” (Yes, I know I’m a comedian!!!) EX: $10,000 fine for cell phone ringing in a movie theater Write down the law and come up with 5 reasons why that law should be passed/what purposes it would serve. What are the benefits, costs of the law, impact on community, etc. Present proposed law to class, explain what type of law it is and advocate for the law’s passage with supporting reasons. Be prepared to answer questions. VOTE
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