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INTRODUCTION TO LAW
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What is Law?
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What is Law?
Rules and regluations made and enforced by the government that regulate the conduct of people within society.
Promote society’s values
Relate the definitions to the previous activity
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No Laws?
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No Laws?
• No ability to regulate people’s conduct• Confusion • Disorder
• Relate to previous activity
• Discuss with your peers if anybody is “above the law”
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7 Goals of Legal System
• Protect basic rights• Promoting fairness• Helping resolve conflicts• Promoting order and stability• Promoting desirable social and economic
behaviors• Representing the will of the majority and• Protecting the rights of minorities
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Laws
Based on Moral, economic, political and social values As values change so do laws
***women in military, killing, laws that give tax breaks to home owners, voting laws, free public education
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Can laws solve all social problems?
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Human rights
Rights people have because they are human
Universal Declaration of Human Rights Statement of basic human rights and
standards for government that has been agreed to by almost every country in the world Liberty, education, political and religious
freedoms, bans torture
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Cultural vs. universally accepted human rights How do we decide?
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With every right comes a responsibility
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With every right comes a responsibility
To many rights, neglecting responsibility? If want a jury of peers must be willing to
serve Want to be governed by elected officials
must vote
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Kinds of Laws
• Criminal – Regulate public conduct and set out duties
owed to society– Only brought by government
• Felony-more than one year in prison• Misdemeanor-one year or less
• Civil– Regulate relations between individuals or
groups of individuals• Civil Action-lawsuit Brought by person who feels
wronged or injured by another• ***can violate both
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Criminal vs. Civil Law
• Defendant-person accused of committing crime in a criminal case
• Plantiff-person or company harmed• Prosecutor-• Beyond a resonable doubt-has any
reasonable doubt must not convict• Preponderance of the evidence-plantiff
wins by proving evidence to jury to decide if more likely than not the plaintiffs complaint is true-lower requirement
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Constitution
Lawmaking Limited government-
States continue to hold power to make laws Executive-
enforces laws Legislative-
Congress passes statutes
Judicial- Courts
clarifies and interprets laws, statutues
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Constitution Cont.
Judicial Review-enables courts to declare unenforceable any law passed by Congress that conflicts with the constitution The government has passed a law that
violates someone's rights The government passed a law that the
constitution does not give it the power to pass Checks and Balances
3 branches are independent but has power to restrain other branches
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Lawmaking
State and federal government Legislatures-primary laws making body
Congress-power to pass laws that are binding in all states
Senate and house of representatives State-only apply in state boundaries ***Supremacy clause
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Becoming a law
Bills-introduced legislation If passed by legislature and not vetoed by
executive branch becomes a law
Legislative intent A judge who interprets what the legistlature
means determines
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Laws
Laws are made by Leglistatures Agencies courts
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Courts and laws
Appeal or appellate courts Change the results of the trail
Will write a precedent for future trials