chapter 1 - what is law
Post on 04-Jun-2018
220 Views
Preview:
TRANSCRIPT
-
8/13/2019 Chapter 1 - What is Law
1/15
Chapter 1 - What is Law?
Jurisprudence is the study of lawand legal philosophy
Define: Law
The rules and regulations made andenforced by government that regulatethe conduct of people within a society
For a legal system to work, all mustobey the laws, No one is above thelaw.
-
8/13/2019 Chapter 1 - What is Law
2/15
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 besolved by laws?
Problem 1.2
-
8/13/2019 Chapter 1 - What is Law
3/15
Law and Values continued
Our legal system is influenced by oursocietys traditional ideas of right andwrong.
We expect our legal system toachieve these goals:
1. Protect basic human rights
2. Promote fairness 3. Help resolve conflicts
4. Promote order and stability
-
8/13/2019 Chapter 1 - What is Law
4/15
Laws and Values Continued
5. Promote desirable social andeconomic behavior
6. Represent the will of the majority
7. Protect the rights of minorities
Do we see how these goals canconflict with one another?
Laws can be based on moral,economic, political or social values.As values change, so can laws.
-
8/13/2019 Chapter 1 - What is Law
5/15
Human Rights
Human rights are the rights all peoplehave just because they are humanbeings
Government and private individualscan violate human rights
Human rights apply everywhere
(home, work, school) and we havethese rights from when we are bornuntil we die.
-
8/13/2019 Chapter 1 - What is Law
6/15
Human Rights Continued
The Universal Declaration of HumanRights was adopted by the UnitedNations in 1948.
Why is it important that we have thisdocument of basic human rights?
Problem 1.5
-
8/13/2019 Chapter 1 - What is Law
7/15
Rights and Responsibilities
We as citizens have many rights, butwith the rights come responsibilities
Our focus on individualism hashindered our sense of community
Examples:
Jury
Voting
Laws themselves
-
8/13/2019 Chapter 1 - What is Law
8/15
So what about GoodSamaritans?
Some states have considered GoodSamaritan laws, which would requirecitizens to help others in need of
assistance. What are the pros and cons of such aproposal? Discuss this in a group of 3
Things to consider:
How much aid the law might require awitness to give.
Would the type of victim make adifference? (a child, for example)
Should the law impose a civil or criminalliability on the bystander who fails to help?
-
8/13/2019 Chapter 1 - What is Law
9/15
Kinds of Laws
Laws fall into two major categories: Criminalor Civil
Criminal laws regulate conduct and set outduties owed to society
A criminal caseis a legal action brought by thegovernment against a person charged withcommitting a crime
The standard of proof in a criminal case is
beyond a reasonable doubt
-
8/13/2019 Chapter 1 - What is Law
10/15
Kinds of Laws Cont.
Criminal laws are divided into twocategories:
Felonies penalty is more than oneyear in prison
Examples include murder, or robbery
Misdemeanors penalty is prisonterm of one year or less
Examples include assault or theft
-
8/13/2019 Chapter 1 - What is Law
11/15
Civil Laws
A civil action can brought by a personwho feels wronged or injured byanother person.
The burden of proof in a civil case is apreponderance of evidence
-
8/13/2019 Chapter 1 - What is Law
12/15
2 New Vocab words
1. Checks and Balances
2. Judicial Review
-
8/13/2019 Chapter 1 - What is Law
13/15
Our Constitutional Framework
Our government was set up to limitits powers
Limited Government -means that
the government has only the powersgranted to it by the constitution
Separation of Powers- is the idea
of separating powers of governmentto keep any single one frombecoming too powerful
-
8/13/2019 Chapter 1 - What is Law
14/15
Constitutional Framework Cont.
Judicial review- is the power of theSupreme Court to declare a lawunconstitutional
Veto- means to refuse to approve. This isa power the president has over legislation.
However, congress does have the power tooverridea veto with a 2/3 vote
Checks and balances- the powersmentioned above illustrate how thebranches of government can limit eachothers power
-
8/13/2019 Chapter 1 - What is Law
15/15
More Constitutional Framework
Judicial Review and the Constitution
Federalism
Limited government and the Bill ofRights
Amendments
top related