1 of 23

What is Law?

Chapter one

2 of 23

Think about it…….

Why do we have laws????

What would the world be like without them????

3 of 23

Strange laws still in effect

In other states:

It’s against the law to sing off-key (North Carolina)

Chickens are not allowed to cross the road (Quitman, Georgia)

 If you are found stealing soap, you must wash yourself until the bar of soap has been completely used up (Arizona)

A motorist with criminal intentions must stop at the city limits and telephone the chief of police as he is entering the town (Washington)

It’s forbidden for a female to appear unshaven in public (Carrizozo, NM)

 It’s illegal to attend a public event or use public transport within 4 hours of eating an onions or garlic (Indiana)

In Illinois

In the city of Champaign, the law states one may not pee in his neighbor’s mouth

In Chicago, the law forbids people to eat in a place that is on fire

It’s prohibited to hum on public streets on Sundays in Cicero

It is illegal to wear sagging pants in Collinsville.

Mispronouncing the city name as (Jolly-ETTE) is a misdemeanor in Joliet, and also punishable by a $5 fine.

4 of 23

What is Law?

  • Definition of Law: a binding custom or practice of a community : a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority
  • Jurisprudence:
    • The study of
      • Law
      • Legal philosophy
  • Every society that has ever existed has recognized the need for laws:
    • Some written & some unwritten

5 of 23

  • Government cannot function effectively without
    • “Rule of Law”

This means that all members of society are required to support the legal system and obey its laws

NO ONE IS ABOVE THE LAW.

6 of 23

Societies have laws because��

    • Without laws there would be confusion and disorder.

    • Laws help prevent people from taking advantage of one another.  

 

    • Societies recognize the need to regulate people's conduct.

7 of 23

��Relationship between law and values?��

  • Society's laws are influenced by traditional ideas of right and wrong.

8 of 23

Laws are based on:

  • Moral values
    • Fundamental questions of right and wrong
      • Shipwrecked Sailors
  • Economic values
    • Accumulation, preservation, use and distribution of wealth (Get it, Keep it, Spend it)
  • Political values
    • Relationship between government and individuals
  • Social values
    • Issues important to society

9 of 23

Moral – Economic –Political - Social

  • Drivers must not exceed 55 mph
    • Social
  • Citizens may vote at age 18
    • Social
    • Political
  • Veterans can go to college on the G.I. Bill
    • Social
  • It’s a crime to cheat on your taxes
    • Moral
    • Economic
    • Social

10 of 23

Balancing Rights with Responsibilities

  • Is America too concerned with citizen’s rights, and neglecting their responsibilities?
  • “With every right there goes a responsibility”
  • Critics say American’s emphasize individual rights which lead to “radical individualism” which results in a self-centered focus and the loss of the sense of community.
  • Individual Rights-Personal liberties that belong to an individual because of their status as a resident or citizen of a particular country or community
    • In the US-life, liberty, and pursuit of happiness
  • Social Responsibility-the obligation to the community around us
  • https://www.youtube.com/watch?v=y-8d_HD6kKI

11 of 23

*Individual rights & social responsibilities are equally important!!!�Ex-You have the right to be tried by a jury of your peers but must be willing to serve on a jury!!!�

12 of 23

Many laws require people to act responsibly

  • Parents must provide: clothes, food, shelter
  • Workers must pay taxes
  • Drivers must obey the law
  • Everyone should not violate human rights

“Because you the legal right to do (or not do) something, does not mean it is the right thing to do”

Ex. 1st amendment

13 of 23

Criminal Laws (Statutes)

  • Criminal Laws regulate public conduct and set out duties owed to society
  • Legal action brought by the government against the person accused of a crime. They are called the defendant.
    • Have penalties
      • Felonies: more than 1 year in prison
      • Misdemeanors: Less than 1 year in prison
        • Other penalties
          • Fines
          • Community service
          • Supervision
          • Probation
          • Other . . .

14 of 23

Criminal Laws

  • The government prosecutes the defendant
  • Must prove the case
    • Beyond a reasonable doubt
    • Jury vote must be unanimous (all vote guilty)
    • If even one juror votes not guilty, it can cause a mistrial
      • Re-trial or choose not try the case again
    • “Not Guilty” does not mean “Innocent”

15 of 23

Civil Laws

  • Civil laws regulate relations between individuals or groups of individuals
    • “A Civil Action is also known as a Lawsuit
    • Plaintiff will Sue the defendant for damages $
      • Marriage, divorce, contracts, insurance, negligence, consumer protection
      • Must prove the case by a preponderance of the evidence
        • Lower standard of proof than the criminal cases

16 of 23

Criminal v. Civil

OJ Simpson case-

  • OJ Simpson was found not guilty in the criminal trial.
  • He was found “responsible” for the deaths of Nicole Brown Simpson and Ron Goldman in the civil case.
  • How is this possible???

17 of 23

Practice…

Matt and James take James’ brother’s car without telling him and drive to a local shopping center. Ignoring the sign “Parking for Handicapped Persons Only,” they leave the car and enter an electronics shop.

After looking around, they buy an iPad. Then they buy some sandwiches from a street vendor and walk to a nearby park. While eating, they discover that the iPad does not work. In their hurry to return it, they leave their trash on the park bench.

When Matt and James get back to the shopping center, they notice a large dent in one side of their car. The dent appears to be 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 satellite radio has been removed.

They call the police to report the accident and theft. When the police arrive, they seize a small, clear bag containing illegal drugs from behind the car’s backseat. Matt and James are arrested. 

Answer the following:

  1. List all the things you think Matt and James did wrong.
  2. What laws are involved in this story?
  3. Which of these are criminal laws? Which are civil laws?

18 of 23

Our Constitution

1. Limited Government

2. Separation of Powers

3. Checks and Balances

4. Federalism

19 of 23

Our Constitution

1. Limited government

    • Authority to pass laws in only some areas

20 of 23

2. Separation of powers

    • Executive branch
      • President
      • Enforce laws
    • Legislative branch
      • Congress
        • House & Senate
      • Make laws
    • Judicial branch
      • Courts
      • Interpret laws

21 of 23

  1. Checks and balances

    • Presidential VETO
    • Judicial Review
      • Laws unconstitutional
        • Constitution doesn’t give the gov’t the power
        • Violates someone’s rights

22 of 23

  • Federalism
    • Division of power between the states and the federal government

    • Reflected in the differences in state laws
      • marriage, drivers licenses, taxes . . .

23 of 23

Bill of Rights

  • First 10 amendments to constitution
  • Guarantees fundamental rights & liberties
    • Freedom of
      • Religion
      • Speech
      • Press
      • No unreasonable searches
      • To bear arms
      • Due process
      • Jury trial
      • +++