1. What Is Law ? Professor Fatima El Hassan

2. Chapter 1 - What is Law?  Jurisprudence is the study of law and legal philosophy  Define: Law  The rules and regulations made and enforced by government that regulate the conduct of people within a society  For a legal system to work, all must obey the laws, “No one is above the law.

3. Laws and Values  Why do societies create laws?  What do they hope their laws will accomplish?  Is it possible that the goals and laws may conflict with one another?  What societal problems cannot be solved by laws?  Problem 1.2

4. Law and Values continued  Our legal system is influenced by our society’s traditional ideas of right and wrong.  We expect our legal system to achieve these goals:  1. Protect basic human rights  2. Promote fairness  3. Help resolve conflicts  4. Promote order and stability

5. Laws and Values Continued  5. Promote desirable social and economic behavior  6. Represent the will of the majority  7. Protect the rights of minorities  Do we see how these goals can conflict with one another?  Laws can be based on moral, economic, political or social values. As values change, so can laws.

6. Human Rights  Human rights are the rights all people have just because they are human beings  Government and private individuals can violate human rights  Human rights apply everywhere (home, work, school) and we have these rights from when we are born until we die.

7. Human Rights Continued TThe Universal Declaration of Human Rights was adopted by the United Nations in 1948. WWhy is it important that we have this document of basic human rights? PProblem 1.5

8. Rights and Responsibilities  We as citizens have many rights, but with the rights come responsibilities  Our focus on individualism has hindered our sense of community  Examples:  Jury  Voting  Laws themselves

9. So what about Good Samaritans?  Some states have considered “Good Samaritan” laws, which would require citizens to help others in need of assistance.  Things to consider:  How much aid the law might require a witness to give.  Would the type of victim make a difference? (a child, for example)  Should the law impose a civil or criminal liability on the bystander who fails to help?

10. Kinds of Laws  Laws fall into two major categories: Criminal or Civil  Criminal laws regulate conduct and set out duties owed to society  A criminal case is a legal action brought by the government against a person charged with committing a crime  The standard of proof in a criminal case is beyond a reasonable doubt

11. Kinds of Laws  Criminal laws are divided into two categories:  Felonies – penalty is more than one year in prison  Examples include murder, or robbery  Misdemeanors – penalty is prison term of one year or less  Examples include assault or theft

12. Civil Laws  A civil action can brought by a person who feels wronged or injured by another person.  The burden of proof in a civil case is a preponderance of evidence

13. 2 New Vocab words  1. Checks and Balances  2. Judicial Review

14. Our Constitutional Framework  Our government was set up to limit its powers  Limited Government - means that the government has only the powers granted to it by the constitution  Separation of Powers - is the idea of separating powers of government to keep any single one from becoming too powerful

15. Constitutional Framework Cont.  Judicial review- is the power of the Supreme Court to declare a law unconstitutional  Veto- means to refuse to approve. This is a power the president has over legislation.  However, congress does have the power to override a veto with a 2/3 vote  Checks and balances- the powers mentioned above illustrate how the branches of government can limit each other’s power (theory of who?)

16. More Constitutional Framework  Judicial Review and the Constitution  Federalism  Limited government and the Bill of Rights  Amendments