1. What is Law?

2. Law vs. Values  Laws Reflect and promote societies values  Values/Morals (as per dictionary.com) of, pertaining to, or concerned with the principles or rules of right conduct or the distinction between right and wrong; ethical: moral attitudes. founded on the fundamental principles of right conduct rather than on legalities, enactment, or custom: moral obligations.

3. Goals to be achieved  Protect basic human rights  Promoting fairness  Helping resolve conflicts  Promote order and stability  Promoting desirable social and economic behavior  Representing the will of the majority  Protecting the rights of minorities

4. The balance  Laws must balance rights with responsibilities, the will of the majority with the rights of the minority, the need for order with the need for basic human rights.

5. Values as part of law  Laws can be based on: Moral values Economic values Political values Social values  As values change, so can laws

6. Moral Values  Fundamental questions of right and wrong Primary moral value?  The protection of life When is this not illegal? Can cause a cross between immoral and still legal

7. Economic values  The accumulation, preservation, use, and distribution of wealth Tax benefits for homeownership Tax benefits for business owners Preservation of land Laws against shoplifting  How does this equate to an economic value?

8. Political values  Reflect the relationship between government and individuals Voting rights Lobbying Punishment to meet the crime

9. Social values  Concern issues that are important to society as a whole Free public education Discrimination Financial assistance  Is this solely a social value?

10. Many combine values  Stealing: Moral? Economic? Political? Social?  Problem 1.3 page 8 of text

11. Human Rights  Rights of all people because they are human When is it that we violate human rights?  When do our human rights take effect?  When do our human rights end? Is there more than one answer to this question?

12. Universal Declaration of Human Rights  A statement of human rights which has been agreed to by almost every country. Written and adopted by UN  Countries who belong to the UN agrees to promote, recognize, and observe these rights Not a binding treaty

13. Treaties assist in writing laws  Human rights are standards countries can use when writing laws.  Some countries who sign treaties to guarantee human rights adopt the same rights under their own law. Exercise: UDHR page 564 Read aloud: Why doesn’t the US adopt UDHR verbatim?

14. Balancing Rights with Responsibilities  “Because you have a legal right to do (or not to do) something does not mean it is the right thing to do.” What are some examples?  Amendment 1: Freedom of speech  Amendment VIII: Excessive bail shall not be required…

15. Constitutional Framework  US Constitution Highest law of the land Longest lasting constitution in the world Sets forth the basic framework of our government  The government’s powers, the limits on those powers, and the people’s freedoms that cannot be taken away by the government Page 549 – take a few minutes to read the first few lines of the articles within the constitution

16. Bill of Rights  The First Ten Amendments of the ConstitutionFirst Ten Amendments  Defines and guarantees the fundamental rights and liberties of all Americans Freedoms of religion, speech, press Freedoms of unreasonable search and seizure  Limits the power of state and local governments as well as the federal government Own your own, read pages 17-18 regarding the Bill of Rights

17. GOVERNMENT INVOLVEMENT

18. Limited Government  The constitution created a national government of limited powers, with authority to pass laws only in the areas specifically listed in Article 1 of the Constitution

19. Separation of Powers  Considered the most important in the Constitution Divides lawmaking power among the three branches of power among the three branches of government  What are they? Executive  President and Federal Agencies Legislative  Congress Judiciary  The courts

20. Branches  Executive Branch Issues rules and executive orders that have the force of law.  Legislative Branch Uses lawmaking power when it passes laws  STATUTES  Judicial Branch Establishes laws through its rulings, which may interpret a provision

21. Checks and Balances  Each branch has the power to restrain the other branches in the system of checks and balances Designed to prevent one branch from becoming too powerful and abusing its power Example: congressional investigations into executive officials, prosecution of members of Congress or Executive Branch, and impeachment  Veto Power by the President to keep a law from passing

22. Judicial Review  Most visible and important checks of one branch on another is the courts’ power of judicial review Enables a court to cancel any law passed by Congress or a state legislature that conflicts with the nation’s highest law, the Constitution

23. Judicial Review Continued  Unconstitutional A conflict with something within the Constitution (going against it) The courts can declare a law unconstitutional either because:  The government has passed a law which the Constitution does not give it the power to pass.  The government has passed a law that violates somebody’s rights.

24. Federalism  The division of powers between the states and federal government The federal government’s powers to make laws are listed in the Constitution, and the remaining powers are reserved for the states  This is why most civil and criminal laws are passed by state legislature or local governments Can you name a few laws that differ from state to state? Read and complete 1.9 page 18

25. LAWS, WRONGS, AND PARTIES INVOLVED

26. Kinds of Laws  Criminal A criminal case is a legal action brought by the government against a person charged with committing a crime.  There are two criminal offenses Felony  A term of more than 1 year in prison Misdemeanor  A term of 1 year or less  What kinds of offenses would be considered a felony? Misdemeanor?

27. Kinds of Laws Continued  Civil Regulate relations between individuals or groups of individuals Civil Action  AKA – Law suit Feel wronged or injured by another person Can be awarded money or the person who committed the wrong makes a mend another way What kinds of “wrongs” would fall under Civil Laws?

28. Who are involved?  Defendant The person accused of committing a crime or the person who “wronged”  Plaintiff The person or company who had been “wronged” or harmed.  Prosecutor In criminal cases – the attorney who speaks for the people – who attempts to prove that the defendant is guilty of the crime  Defense attorney The person who attempts to prove his/her client is innocent of the alleged crime

29. Proof?  Beyond a reasonable doubt Involves criminal cases The jury or judge has any reasonable doubts about the defendant’s guilt, then it must vote not to convict  Preponderance of the evidence Involves civil cases A lower requirement for proof than the “beyond a reasonable doubt” standard used in criminal cases.

30. Case to analyze  Problem 1.6 page 12  What was the wrong?  What laws are involved?  Which are criminal?  Which are civil?  Discuss a - d