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Introduction to Law and the Legal System
Chapter 1
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What is “Law?” Set of rules made and enforced by the government
Why do we need Laws? Regulate the conduct of society! Rule of Law – everyone abides
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Why Have Laws? Mold Society into Acceptable Behavior Protect Society
Resolve Conflict In order for a law to be effective it must have__________?
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Why Does Society Punish People for Breaking a Law?
Retribution – “Eye for an Eye” Rehabilitation – Present Ideal of Society and Prisons Deterrence – prevention due to the consequences Incapacitation – so “dangerous” must exclude from rest of society
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What is “Jurisprudence”
The study of law and how laws are made! The study of our legal system
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Laws usually reflect the values of a society
3 Broad Areas of “Values” in our Society Moral values Right vs Wrong Economic values Protection of private property Political values Government and the people *Shipwrecked Sailors - page 7
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What do YOU expect from our
legal system? Protect freedoms Promote fairness Resolve conflicts Help achieve goals Promote order Represent majority Protect minority
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2 Types of Laws Criminal Laws that are used to protect public safety
Felonies Misdemeanors Civil Also called “lawsuits” Involve disputes between 2 parties over property/money Question: Which type occurs the most often?
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Can an offense violate criminal and civil law
at the same time? Travis and Joe get into a fight. Travis is the initiator of the fight. Joe has to be taken to the hospital. What potential problems could Travis face???
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What is the Difference Between a Felony and a Misdemeanor?
Felony = offense that requires at least 1 year in prison Misdemeanor = offense that requires 1 year or less Question: Parking in a handicapped parking place is a ________?
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Burden of Proof What is it?
Criminal case – “beyond a reasonable doubt” – all jurors/judge must have NO doubt about guilt Civil case – “preponderance of evidence” – all jurors/judge only must believe that defendant might be in the wrong Problem 1.7 – page 14 with a buddy
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Federal – State – Local Laws
Federal – made by Congress and approved by the President. Affects ALL of the citizens in the U.S. example? State – made by state legislative body (Illinois – General Assembly). Affects citizens in that particular state. Example? Local – made by city council/mayor. Affects citizens in city limits. Example?
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Where Do Are Laws Come From?
U.S. Constitution provides the framework of our country 3 Branches in our government Legislative Executive Judicial
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Division of Powers Powers of the government divided into 3 branches
Checks and Balances Judicial Review by Supreme Court Allows the court to check “Constitutionality” of a law. Marbury v Madison What are Amendments?
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Different Types of Laws
Federal Laws Congress – Federal Law always supersedes ! State Laws State Legislatures (Illinois General Assembly) Statutes Local Laws City Councils Ordinances
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Chapter 2 How Are Laws Made?
Federal, State and Local Laws Laws are made by 3 different bodies: Legislative Agencies Courts - Judicial Review
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Let’s Go Through the Process!
BILL
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