What Is Law - SharpSchool

What is LawChapter 1

1.2.3.4.5.6.7.8.9.10.11.Learning Outcomes:Define jurisprudence.Explain several reasons for having laws.Explain why the rule of law is important in a democratic society.List a number of laws that affect daily life in our society.Give examples of how laws reflect economic, moral, political, and social values.List three essential aspects of a fully effective law.Evaluate the relationship between rights and responsibilities.Identify reasons critics object to the U.S. emphasis on individual rights.Distinguish between being right and having a right.Distinguish between the two major groups of laws: criminal and civil.Define terms criminal law, felony, misdemeanor, civil law, civil action, defendant, plaintiff,prosecutor, beyond a reasonable doubt, and preponderance of the evidence.12. Describe the difference between misdemeanor and felonies.13. Explain the difference between criminal and civil laws.14. Recognize from a story the law involved and identify ach law as either civil or criminal.8/18/2008Free Template fromwww.brainybetty.com2

The Ring Game1. Each person at the beginning of the row gets an equal #of paper clips.2. Begin playing.3. Pass them back on at a time to the person at the end.When all are passed back to the beginning – you win.4. Left shoulder5. Right shoulder6. More boys/girls at tableWhy do rules/laws make life more effective?8/18/2008Free Template fromwww.brainybetty.com3

I. BackgroundA. The field or study of law is calledjurisprudence, or the study of law and legal philosophy.B. Law can be defined asthe rules and regulations made and enforced by governmentthat regulate the conduct of people within a society.C. A democratic system of government cannotfunction effectively unless its law as are respect by the peoplethe laws are intended to govern.8/18/2008Free Template fromwww.brainybetty.com4

Problem 1: List 10 of your daily activities. ext toeach item list any laws that affect thatactivity. With a partner: What is thepurpose of each law that you identified.Would you change any of these laws?8/18/2008Free Template fromwww.brainybetty.com5

II. Law and Values(Laws generally reflect and promote a society’s values.A. We expect our legal system to achieve manygoals including:1. Protecting basic human rights.2. Promoting fairness.3. Helping resolve conflicts.4. Promoting order and stability.8/18/20086

5. Promoting desirable social and economic behavior.6. Representing the will of the majority.7. Protecting the rights of minorities.Problem 2: The Case of the Shipwrecked Sailors - pairs8/18/2008Free Template fromwww.brainybetty.com7

B. Laws can be based on moral, economic, political,or social values.1. As values change , so can laws.2. Americans tend to think laws can be passed to solveall their problems.3. There is a limit to what laws can reasonablybe expected to do.8/18/20088

Problem 3: For each of the following laws, indicatewhether moral, economic, political or social values areinvolved. Explain your responses. Use a separate sheetof paper and write in complete sentences.a. All drivers must stop at stop signs.b. It is a crime to cheat on your tax return.c. All citizens may vote at age 18.d. Special government programs lend money to minorityowned business at low interest rates.e. Government officials may not accept gifts from peoplewho want them to pass certain laws.f. Possession of marijuana is a crime.8/18/20089

III. Balancing Rights with ResponsibilitiesA. Individual rights are important, but theymust be matched by social responsibility.1. Radical individualism –A self centered focus and the loss of a sense ofcommunity.2. Just because you have the right todo (or not to do) something does not mean it isthe right thing to do. i.e. hate speech8/18/200810

Problem 4: The Apathetic By Standers:Kitty Genovese was attacked and stabbed to death in 1964 in ahighly populated area of Queens, ew York. During the halfhour ordeal, 38 people heard Kitty’s screams for help andwatched from their windows. Twice the killer was scared off bythe sound of voices and the realization that he was beingwatched. However, both times, when it became obvious thatnobody was going to call the police, the killer returned to finishoff his victim. Rather than give any aid to Kitty, such as callingthe police or an ambulance, all 38 bystanders chose to pull theirshades, draw their blinds, and ignore her urgent pleas for helpas her life was taken by the deranged attacker. (Street Law pg.13)At your table get out a sheet of paper and answer the followingquestions as a group: (see questions in notes)8/18/2008Free Template fromwww.brainybetty.com11

IV. Kinds of LawsA. Laws fall into two major groups:1. Criminal: regulate public conduct and set duties owed tosociety.a. a criminal caseis a case is a legal action that can only be broughtby the government against a person charged withcommitting a crime.8/18/200812

b. penalties offenders are imprisoned, fined, or punishedc. criminal offenses are divided into twogroups:1. felonies:more than one year in prison, crimes such asmurder or robbery.2. misdemeanors:The penalty is less than one year in prison, lessserious crimes such as assault, minor theft.8/18/200813

2. Civil: regulate relations between individuals or groupsa. a civil actionis a lawsuit that can be brought by a person whofeels wronged or injured by another person.b. penalties:courts may award a person money, or the may orderthe person to make amends in some other wayc. an example:a lawsuit for recovery of damages suffered in anautomobile accident.d. civil laws regulate many ever daysituations such as:marriage, divorce, contracts, real estate, insurance,consumer protection and negligence.8/18/200814

3. Terms in litigation1. defendant -person accused of committing a crime.2. plaintiff -person or company harmed.3. prosecutor -government lawyer who carries outprosecution.4. burden of proofa. criminal -beyond a reasonable doubt8/18/2008b. civil -preponderance of the evidence.15

Problem 5: Read the following scenario taken from your Street Law text andbe ready to answer it in class:Matt and Kenji decide to skip school. They take Kenji’s brother’s car withouttelling him and drive to a local shopping center. Ignoring the sign“Parking for Handicapped Persons Only,” thy leave the car and enter anelectronics shop.After looking around, they buy a portable CD player. Then they buy somesandwiches from a street vendor and walk to a nearby park. While eating,they discover that the CD player does not work. In their hurry to return it,they leave their trash on the park bench.When Matt and Kenji get back to the shopping center, they notice large dentin one side of their car. The dent appears to b the result of a driver’scarelessness in backing out of the next space. They also notice that the carhas been broken into and that the car stereo has been removed. They callthe police to report the accident and the theft. When th police arrive, theyseize a small, clear bag containing illegal drugs from behind the car’sback seat. Matt and Kenji are arrested.8/18/200816

1. List all the things you think Matt and Kenjidid wrong.2. What laws are involved in the story?3. Which of these are criminal laws? Whichare civil laws?8/18/2008Free Template fromwww.brainybetty.com17

V. Our Constitutional Framework(Our constitution is the basic framework of our government.)A. Key elements of our Constitution1. Limited -national government can only docertain things.2. Separation -of powers:three branches, judicialcourts, executive- president and federalagencies, legislatives- Congress3. Statues -the laws that Congress passes8/18/200818

4. Checks and balances-the three branches are independent, but have the abilityto restrain one another.5. Judicial reviewa. declare a law unenforceable because either1. the Constitution does notgive the power to pass the law2. that violates8/18/2008some bodies rights19

6. Federalism -the division of power between the stateand the local governments.7. Bill of Rights8/18/2008-principle of limited government isdemonstrated in the first 10amendments20

Problem 6: With a partner examine each of the followingsituations and determine for each which Constitutionalprinciple (discussed above) is involved. Explain youranswer.a. A state law requires that a prayer be said each day inpublic schools. The courts rule that the law violates a FirstAmendment clause that prohibits the government fromestablishing a religion.b. The U.S. Congress passes a law that restricts the import ofhandguns from other countries. The legislature in onestate allows the sale of handguns to anyone over age 18.c. Because a prison is very old and overcrowded, a state courtorders the state legislator to spend 10 million on a newprison.8/18/200821

When Matt and Kenji get back to the shopping center, they notice large dent in one side of their car. The dent appears to b the result of a driver’s carelessness in backing out of the next space. They also notice that the car has been broken into and that the car stereo has been removed. T