STREET LAW

UNIT 1: Introduction to Law and the Legal System

Chapter 1What is Law?

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 existStudents then examine how law is related to

values, human rights, and responsibilities within the framework of the U.S. Constitution

Introduction

Learning Outcomes—After completing this section, students should be able to:Define the term jurisprudenceExplain several reasons for having lawsExplain why the rule of law is important in a

democratic societyList a number of laws that affect daily life in

our society

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

For Street Law, law is defined as:

the rules made and enforced by government that regulate the conduct of people within a society

Introduction

Learning Outcomes—After completing this section, students should be able to:Define the term jurisprudenceExplain several reasons for having lawsExplain why the rule of law is important in a

democratic societyList a number of laws that affect daily life in

our society

Law is made by governments at the federal, state, local, or tribal levels

Rules are made by private parties, i.e., schools, parents

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

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 valuesList three essential aspects of a fully

effective lawAnalyze a case in order to explore the

relationship between law and morals

  

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

Caption Answer—p. 5

Economic values are often placed in conflict by environmental protection laws

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

Human Rights

Learning Outcomes—After completing this section, students should be able to:Define the terms human rights, dignity,

binding, covenant, and taking a reservationIdentify 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

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

  

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

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

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

Balancing Rights with Responsibilities Learning Outcomes—After completing

this section, students should be able to:Evaluate the relationship between rights and

responsibilitiesIdentify reasons critics object to the United

State’s emphasis on individual rightsDistinguish between being right and having

a right

  

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

Caption Answer—p. 12

Many laws—such as voting laws and employment laws—have been extended to include women, minorities, and the disabled

Kinds of Laws

Learning Outcomes—After completing this section, students should be able to:Distinguish between the two major groups of

laws: criminal and civilDefine the terms criminal law, felony,

misdemeanor, civil law, civil action, defendant, plaintiff, prosecutor, beyond a reasonable doubt, and preponderance of the evidence

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

   Law can be divided into two major categories: civil

and criminalCriminal 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.

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.

Problem 1.7—p. 15

Transparency T1-2—“An Introduction to the Civil Justice and Criminal Justice Systems”

a) Possible answers:skipping schooltaking the carignoring the handicapped parking signleaving trash on the park benchpossessing illegal drug

The following types of laws are involved in this story (b-c):Truancy—civilUnauthorized use of a motor vehicle—criminalParking violation—criminalLicensing (street vendor)—criminalWarranty law (CD player)—civilLittering—criminalTort of negligence—civil

Breaking and entering—criminalTrespassing—civil or criminal

Larceny—criminalConversion of property—civil

Search and seizure—criminalPossession of illegal substances—criminalLeaving the scene of an accident—criminalArrest--criminal

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

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

Explain how the principle of limited government is reflected in the Bill of Rights

Describe how and why constitutions may be amended

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

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.

Suppose there was just one branch of government rather than threeWould 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

Suppose there was no system of checks and balances among the three branches of governmentWhat kinds of problems would citizens face?

○ Citizens might find their rights against the intrusion of government power limited

Should constitutions be easier to amend than they are now?A constitution that is too easy to amend

threatens a government’s stabilityA constitution that is too difficult to amend

can become outdated

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

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]

 

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

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.

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.

Problem 1.8—p. 18

a) 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)

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

c) 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)