1. Introduction to Law and the Legal System
Unit 1
Introduction to Law and the Legal System

2. Chapter 1:
What is Law?

3. Jurisprudence Can be defined as the study of law and legal philosophy
Law for us, can be defined as “the rules and regulations made and enforced by government that regulate the conduct of people within a society”

4. Goals of Our Legal System
Protecting basic human rights
Promoting fairness
Helping resolve conflicts
Promoting order and stability
Promoting desirable social and economic behavior
Representing the will of the majority
Protecting the rights of minorities

5. Laws as a Reflection of Values
Laws are a reflection of what society considers right or wrong
Murdering someone goes against the value we put on human life
However, not everything that is morally wrong is illegal
Lying to a friend may be morally wrong, but it is not illegal

6. Types of Values Moral Economic Political Social Right or wrong
Dealing with money
Political
Relationship between government and individuals
Social
Values that are important to society

7. Homework
Problem 1.2 and Problem 1.3

9. Lawmaking
Chapter 2

10. Laws that Come From Legislatures
Laws are made by both the Federal and State governments
Federal laws come from Congress, apply to citizens of every state
State laws only apply to those inside of the state boundaries

11. Laws from Legislatures, Cont’d
Statutes- laws passed by the legislative branch of government
Statutes can come from Congress, or it can come from local governments or state government
All state governments except for one are bicameral
What state has a unicameral legislature?
Congress may only pass laws on things listed in the Constitution

12. Legislatures, Cont’d
Unless Congress is overstepping their boundaries, if a state and federal law conflict, the federal law is followed
Supremacy clause
Bills
A law before it is passed
Legislative Intent
What a law actually means

13. Homework
Finish Reading the Rest of the Chapter
2.1,2.3

14. Advocacy
Chapter 3

15. What is Advocacy? Advocacy is the active support of a cause
Usually involves persuading others to support the same cause
Based on the gathering of facts, development of communication skills, creation of an effective plan
*** First must accurately determine what levels of government are responsible for problem

16. Who can Advocate? Pretty much anyone can be an advocate
High school students have advocated for lots of change in both school and the world

17. Lobbying
A way to influence the lawmaking process by convincing lawmakers to vote the way you want
The word comes from when people would talk to legislatures in the lobby of the capitol
A lobbyist is someone who tries to convince lawmakers to vote for or against a particular issue
Does lobbyists have a “bad name” right now?

18. Lobbying, Cont’d Lobbying can happen as an individual or as a group
Also can be in person, by letter, phone, or
Some lobbyists use campaign contributions, ads, gifts, large letter-writing campaigns and other techniques to influence legislatures
Question: What’s the difference between grassroots and professional lobbyists?

19. Lobbying, Cont’d
Special interest groups are special groups of lobbyists
Can work on behalf of a wide range of issues
Businesses and organizations hire professional lobbyists to influence legislation
Professional lobbyists have an advantage because of the amount of money behind them
Also, most professional lobbyists know legislators and staff from experience

20. Arguments Against Lobbying
Some argue that lobbying allows groups or people to “buy” laws
Others argue that the use of money is a legitimate way for groups to make their views heard.

21. Voting
Voting is not only a right in the United States, it’s a responsibility of citizens
What positions do people vote for?
President, Vice President, 2 U.S. senators, 1 U.S. representative, governor, state legislators, etc.
People also may vote on laws

22. Opinion of Voters Heard
Initiative
A type of law that has its start with the people. In order to begin the legislation process, it must gain a certain number of votes
Referendum
A type of legislative act that is referred to voters for final approval or rejection

23. Opinion, Cont’d Some state permit a recall election
Allow voters to remove elected officials form office
All three of these allow our government to be more democratic

24. Advocating, Cont’d

25. Voting For Laws Initiative Referendum Recall
A type of law that is proposed by citizens
Referendum
A type of law that is approved by voters (or not)
Think: Prop A
Recall
Allows for voters to remove elected officials form office

26. Who can Vote? United States Citizens
18 years old by the date of election
Resident of the community where voting
Cannot register to vote in more than one place at a time

27. Laws about Registration
Can be completed in person or by mail
National Voter Registration Act
Requires states to make registration forms available at motor vehicle departments
Also at state offices, welfare offices, and agencies that serve the disabled

28. Reforming Finances of Campaigns
Problems with the Current System According to Some
People of low or middle income cannot run successfully because they cannot raise huge sums of money
Special interests receive favors in exchange for substantial campaign contributions
Elected officials spend too much time raising money and not enough time doing their jobs

29. Campaign Finance Reform, Cont’d
Why Keep Reform?
Some argue that political contributions are a form of political speech
Should be protected by the First Amendment
Believe that limiting the amount of money one can contribute to a campaign limits their freedom of speech

30. History of Campaign Finance Reform
In the 1990’s, corporations and labor unions gave money to political parties
Called “soft money”
Supposed to be used for “party building” by funding “get out the vote drives” to promote voter registration and turnout
However, this money was usually used for negative ads against candidates
Actually lowered voter turnout

31. Bipartisan Campaign Reform Act of 2002
Banned use of soft money in campaigns
Prohibit certain political ads
Outlaw solicitation of campaign contributions on federal property

32. Settling Disputes
Chapter 4

33. How do we resolve conflicts?
Disputes are part of society, and not all disputes are bad
However, to function as a civilized society, we must have ways to deal with conflicts
The following are ways to solve disputes

34. Negotiation
People discuss their problem and try to reach a solution that fits everyone’s needs
Can be formal or informal
Usually, attorneys will try to settle disputes before they are brought to court

35. Stages of Negotiation: Stage 1
Preparation for negotiation
All parties should come with an actual interest in solving the problem
Issue must be identified
Consider the issue from the opposing side
Identify a couple workable solutions

36. Stages of Negotiation: Stage 2
The Negotiation
Listening and understanding of the other side is important
Ask questions to clarify where they stand
A list should be made of the most workable solutions
Repeat the main points of the agreement to confirm understanding

37. Parts of Negotiation: Stage 3
Post-Negotiation
There should be some agreement on what will be said to those not involved
Be willing to talk about issues that arise involving the agreement

38. Arbitration
Both parties agree to have a third party listen to their agreements and make a decision for them
Especially common in labor disputes between unions and employers

39. Mediation
A third party is used to help the conversation between parties
The third party doesn’t’ make decisions for the two involved, but they may help both sides understand each other

40. Homework
4.1,4.2 and read pages 46-54

41. The Court System
Chapter 5

42. Trial Courts
Listen to testimony, consider evidence, and decide facts in disputed situations
Two sides to each case

43. Sides in a Trial Court Accuser Accused In criminal cases, prosecutor
In civil cases, plaintiff
Accused
In both, defendant

44. Adversarial System In the United States, we have an Adversarial System
Contest between opposing sides
The belief is that the judge or jury will be able to determine the truth if the opposing parties present their best arguments and show weaknesses in the other side’s case

45. Inquisitional System
Some European countries use the inquisitional system
Judge is active in questioning the witnesses and controlling the court process
Including the gathering of evidence

46. The Role of a Judge in Adversarial Trials
In some cases, the judge determines the case (if the defendant is guilty or not)
In jury trials, the judge informs the jury about the law involved
Also may sentence those that are convicted of crimes

47. Selection of Jury Jury service is a civic duty
Necessary to have right to jury trial
Jury list is usually made from registered voters
If you ignore a jury summons, you could face a bench warranrt

48. Selection of Jury
Jurors may be excused for a number of reasons, including school, living in a different area, etc.
Screened through a process called voir dire
Both sets of lawyers ask questions of potential jurors
Look to find any potential prejudices
Removal for a cause
Additionally, each attorney is allowed a limited number of preemptory challenges- allow for removal without cause

49. Chapter 5 Part 2

50. Appeals Court
When one party presents arguments asking the court to review the decision of the trial court
Other party makes arguments supporting the trial court
No juries, or witnesses, no evidence is presented
Lawyers provide legal arguments
Appeals courts are usually comprised of multiple judges

51. Why could an Appeals Court Overturn?
Error of law
Occurs when the judge makes a mistake as to the law in question
Could be that the judge gave incorrect instruction to jury
Could permit evidence that should not be allowed

52. Appeals Court, Cont’d Appeals court rulings set precedents
All lower courts in the area in which the decision was made must follow what the appeals court says
An official opinion is made describing why the court made the decision
Dissenting opinion
States reasons a judge disagrees with the decision
Concurring opinion
Opinion that supports the decision of the court, but for different reasons