1. STREET LAW UNIT 1: Introduction to Law and the Legal System
Chapter 1 What is Law?
STREET LAW

2. Unit 1 provides a foundation and frame of reference for the study of law
In Chapter 1:
Students learn the definition of law and the kinds of laws that exist
Students then examine how law is related to values, human rights, and responsibilities within the framework of the U.S. Constitution

3. Introduction
Learning Outcomes—After completing this section, students should be able to:
Define the term jurisprudence
Explain several reasons for having laws
Explain why the rule of law is important in a democratic society
List a number of laws that affect daily life in our society

4. Jurisprudence, or the study of law and legal philosophy, seeks to answer the question “What is law?”
This field of study analyzes, explains, classifies, and criticizes bodies of law
It also attempts to reveal the historical, moral, and cultural basis of a particular legal concept

5. For Street Law, law is defined as:
the rules made and enforced by government that regulate the conduct of people within a society

6. Introduction
Learning Outcomes—After completing this section, students should be able to:
Define the term jurisprudence
Explain several reasons for having laws
Explain why the rule of law is important in a democratic society
List a number of laws that affect daily life in our society

7. Law is made by governments at the federal, state, local, or tribal levels
Rules are made by private parties, i.e., schools, parents

8. Laws are rules made by the government that tell people in a society how they should act
While every society has some type of law, it can take many different forms depending on the given society
Stable societies depend on government officials to enforce the laws and the citizens to obey them

9. Laws and Values
Learning Outcomes—After completing this section, students should be able to:
Give examples of how laws reflect economic, moral, political, and social values
List three essential aspects of a fully effective law
Analyze a case in order to explore the relationship between law and morals

10. Laws generally reflect people's ideas about right and wrong  
Laws generally reflect people's ideas about right and wrong
However, not everything that is immoral is illegal
Laws often change over time as a society's values change
One goal of the law in democratic societies is to respect the majority's wants while protecting the rights of those who have less of a voice in the system

11. Caption Answer—p. 5
Economic values are often placed in conflict by environmental protection laws

12. Caption Answer—p. 7
Allowing women in the military as pilots and other traditionally male-only positions reflects society’s changing ideas about gender equality

13. Human Rights
Learning Outcomes—After completing this section, students should be able to:
Define the terms human rights, dignity, binding, covenant, and taking a reservation
Identify the rights included in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights

14. Describe the extent to which the U. S
Describe the extent to which the U.S. government recognizes and enforces international human rights agreements
Identify and analyze examples of human rights violations in the United States and elsewhere in the world

15.   
Human rights are the rights that belong to people simply because they are human beings
Most countries have agreed to recognize and respect human rights by signing the Universal Declaration of Rights
The United Nations has developed a system of international treaties that protects specific human rights

16. Many countries also create laws aimed at protecting human rights
Our Constitution, Bill of Rights, and other state and federal laws are all influenced by a desire to protect human rights

17. Caption Answer—p. 9
Human rights can be used as standards when writing laws. Even though they may not refer to them as human rights, many laws contain provisions for protecting human rights

18. Balancing Rights with Responsibilities
Learning Outcomes—After completing this section, students should be able to:
Evaluate the relationship between rights and responsibilities
Identify reasons critics object to the United State’s emphasis on individual rights
Distinguish between being right and having a right

19.   
Americans enjoy many individual rights, but some people argue that these rights must be balanced with social responsibilities to foster a sense of community

20. Caption Answer—p. 12
Many laws—such as voting laws and employment laws—have been extended to include women, minorities, and the disabled

21. Kinds of Laws
Learning Outcomes—After completing this section, students should be able to:
Distinguish between the two major groups of laws: criminal and civil
Define the terms criminal law, felony, misdemeanor, civil law, civil action, defendant, plaintiff, prosecutor, beyond a reasonable doubt, and preponderance of the evidence

22. Explain the difference between criminal and civil laws
Describe the difference between misdemeanors and felonies
Recognize, from a story, the laws involved and identify each law as either civil or criminal

23. Law can be divided into two major categories: civil and criminal  
Law can be divided into two major categories: civil and criminal
Criminal laws regulate public conduct. In a criminal case, the government brings legal action against a person and imposes a penalty.
Civil laws regulate relations between private individuals and may be enforced in a civil action by a private citizen (or group) who feels wronged.
Sometimes the same act or wrong can be tried as both a civil and criminal case. However, criminal cases require a higher standard of evidence for conviction than civil cases, because the penalties are more severe.

24. Caption Answer—p. 14
It is not likely that the public understood the difference between the criminal law and the civil law because many people were confused about how O.J. Simpson could be found not guilty of murder in the criminal case and liable for wrongful death in the civil case.

25. Problem 1.7—p. 15
Transparency T1-2—“An Introduction to the Civil Justice and Criminal Justice Systems”

26. Possible answers: skipping school taking the car
ignoring the handicapped parking sign
leaving trash on the park bench
possessing illegal drug

27. The following types of laws are involved in this story (b-c):
Truancy—civil
Unauthorized use of a motor vehicle—criminal
Parking violation—criminal
Licensing (street vendor)—criminal
Warranty law (CD player)—civil
Littering—criminal
Tort of negligence—civil

28. Breaking and entering—criminal Trespassing—civil or criminal
Larceny—criminal Conversion of property—civil
Search and seizure—criminal
Possession of illegal substances—criminal
Leaving the scene of an accident—criminal
Arrest--criminal

29. Our Constitutional Framework
Learning Outcomes—After completing this section, students should be able to:
Describe the function of the U.S. Constitution in defining and limiting the powers of government
Define the terms limited government, separation of powers, statute, checks and balances, veto, judicial review, unconstitutional, federalism, and Bill of Rights

30. Identify how powers of the executive, legislative, and judicial branches are separated by the Constitution
Describe how checks and balances limit the power of government
Describe how judicial review can be used to interpret the Constitution and protect individual rights

31. Explain how the principle of limited government is reflected in the Bill of Rights
Describe how and why constitutions may be amended

32. Government & the Constitution
Why do you think the Framers of the Constitution felt citizens needed protection from government?
They wanted to avoid creating the kind of tyrannical government they had suffered under when they were controlled by the British government

33. How does the Constitution protect American citizens from the government?
The Bill of Rights contains a list of rights people have that limit what the government can do. For example:
The First Amendment begins with the phrase: “Congress shall make no law respecting “ establishing a religion or prohibiting free exercise of religion, restricting the rights to free speech, press, petition, assembly, etc.

34. Suppose there was just one branch of government rather than three
Would there be any advantages to such an arrangement?
The government would be more efficient
What kinds of problems would develop?
An unchecked branch might increase or abuse its power, threatening individual rights and the Constitution’s goals

35. Suppose there was no system of checks and balances among the three branches of government
What kinds of problems would citizens face?
Citizens might find their rights against the intrusion of government power limited

36. Should constitutions be easier to amend than they are now?
A constitution that is too easy to amend threatens a government’s stability
A constitution that is too difficult to amend can become outdated

37. Caption Answer—p. 16
The Constitution sets forth the basic framework of government
It also lists the powers of the government, as well as the limits of these powers

38. Activity—Determining the Constitutionality of Laws
Working in pairs, decide if the following laws would be constitutional or unconstitutional—use the Bill of Rights as a reference [Handout]

39. The United States Constitution is the highest law in the United States and the longest lasting written constitution in the world
The United States Constitution
sets forth guidelines for the organization of the government,
lists the government's powers and limits,
and outlines the freedoms of United States citizens

40. The Constitution also designates that the federal government's power must be divided among three branches, each with distinct roles and checks on the other branches' power.
In addition to federal power being shared among the three branches, power is also divided between the federal and state governments.

41. Each state has its own constitution, which organizes its government and sets out the rights of its people.
These constitutions, like the federal Constitution, are difficult to change, but amendment processes exist and are used when necessary.

42. Problem 1.8—p. 18
The courts prevent the state from passing a law that violates the Constitution (checks and balances) and have the authority to invalidate such a law (judicial review)

43. Congress regulates international affairs on behalf of the country, and a state regulates local issues limited within the state’s borders (federalism)

44. The state court prevents the legislature from subjecting the prisoners to unconstitutional deprivation of rights (checks and balances) However, the court does not have the power to spend the money directly (separation of powers)