Law: rules and regulations made and enforced by government to regulate people’s conduct.Law: rules...

•LawLaw: rules and : rules and regulations made regulations made and enforced by and enforced by government to government to regulate people’s regulate people’s conduct.conduct.

•Another term Another term for for lawsuit lawsuit is is Civil ActionCivil Action. .

•Our legal Our legal system system protects basic protects basic human rights. human rights.

• Goals of Legal System

–Protecting basic human rights

–Promoting fairness

–Helping resolve conflicts

–Promoting order and stability

–Promoting desirable social and economic behavior

–Representing the will of the majority, and

–Protecting the rights of the minority

–Laws must balance rights with responsibilities, the will of the majority, with the rights of the minority, and the need for order with the need for basic human rights

–Laws can be passed based on moral, economic, political, or social values

Moral ValuesMoral Values: Deal with : Deal with fundamental questions fundamental questions of right and wrongof right and wrong

•Not kill but can be Not kill but can be exceptions such as exceptions such as in self-defense or warin self-defense or war

–Economic ValuesEconomic Values: deals : deals with the accumulation, with the accumulation, preservation, and preservation, and distribution of wealth.distribution of wealth.•Example: laws against Example: laws against shoplifting protect shoplifting protect property and property and discourage stealing by discourage stealing by providing a criminal providing a criminal penaltypenalty

–Political Values:

•We can Vote

• Laws and Values (5-8)– Many laws combine moral,

economic, political and social values

– Example: laws against theft deal with the moral issues of stealing, the economic issue of protection of property, the political issue of how government punish those who violate criminal statutes, and the social issue of respecting the property of others.

Some laws designed to protect certain values may interfere with other important values.–Example: After terrorists attacks on September 11, 2001, Congress moved quickly to pass the USA Patriot Act, a federal law designed to protect against further attacks.

–Some people criticized this law, which makes certain searches and electronic eavesdropping easier, as an invasion of the civil liberties Americans cherish

–Others believe that we may have to sacrifice some liberty for additional security during dangerous times.

• Human Rights: Pages 8-10Human Rights: Pages 8-10

• Human RightsHuman Rights: are the rights all people : are the rights all people have simply because they are human have simply because they are human beings.beings.

• To advocate Human Rights is to To advocate Human Rights is to demand that the dignity of all people demand that the dignity of all people be respected.be respected.

• Human Rights apply in Human Rights apply in people’s homes, schools, people’s homes, schools, and workplaces. and workplaces. IN FACT IN FACT THEY APPLY THEY APPLY EVERYWHEREEVERYWHERE

• We have human rights from the We have human rights from the moment we are born till the moment we are born till the

moment moment we diewe die

The Universal Declaration of Human Rights (UDHR) is a statement of basic human rights and standards for government that has been agreed to by almost every country•Is part of the United Nations (UN)

• UDHR proclaimsUDHR proclaims that all that all people have the right to people have the right to liberty, education, political liberty, education, political and religious freedom, and religious freedom, and economic well-being.and economic well-being.

• Bans TORTUREBans TORTURE• Recognized by countries Recognized by countries that arethat are

• The UN has established a system of The UN has established a system of international treaties:international treaties:

1.1. The International Covenant on Civil The International Covenant on Civil and Political Rights: and Political Rights: Protects Protects freedoms of speech, religion, and the freedoms of speech, religion, and the press and the right to participate in press and the right to participate in government (UNITED STATES HAS government (UNITED STATES HAS SIGNED AND RATIFIED THIS SIGNED AND RATIFIED THIS INTERNATIONAL COVENANT)INTERNATIONAL COVENANT)

• The UN has established a system of international The UN has established a system of international treaties:treaties:

2. 2. The International Covenant on The International Covenant on Economic, Social, and Cultural Economic, Social, and Cultural RightsRights provides for the right to provides for the right to adequate education, food, adequate education, food, housing, health care, protection housing, health care, protection of property, and employment in of property, and employment in safe conditions and an adequate safe conditions and an adequate salary (UNITED STATES SIGNED salary (UNITED STATES SIGNED BUT NOT RATIFIED)BUT NOT RATIFIED)

• Human Rights: Pages 8-10• The UN has established a system of

international treaties:

3. The Convention on the Rights of the Child spells out basic human rights to which children everywhere are entitled, including the right to education and to be free from exploitation (UNITED STATES SIGNED BUT NOT RATIFIED)

• The UN has established a The UN has established a system of international system of international treaties:treaties:

• Many believe the right Many believe the right to a clean to a clean environment should environment should be added to the be added to the CovenantsCovenants

• Human Rights: Pages 8-10• The UN has established a system of international treaties:

• Even when the United States signs a human rights agreement, it often restricts its enforcement within the country

• This is done by announcing RESERVATIONS: which is a legal way of making a provision less enforceable than it might otherwise be.– EXAMPLE – Treaty may take away power of

individual states to make laws under out system of federalism so we didn’t ratify it

– We also have reservations because we believe that other countries should not impose their views on our states so we didn’t ratify it

Laws Fall into two major Groups:1.Criminal Laws: regulate public conduct and set out duties owed to society

– A Criminal case can be brought only by the government against a person charged with committing a crime

– Criminal laws have penalties, and convicted offenders are imprisoned, fined, place under supervision, or punished in some other way

Laws Fall into two major GroupsLaws Fall into two major Groups::

1.1.Criminal Laws: Criminal Laws: are divided into are divided into felonies and misdemeanors.felonies and misdemeanors.

–FeloniesFelonies, such as murder or , such as murder or robbery, are more serious robbery, are more serious crimes.crimes.

–The penalty for a felony is a term The penalty for a felony is a term of of MORE THAN ONE YEAR IN MORE THAN ONE YEAR IN PRISONPRISON

• Laws Fall into two major Groups:

1.Criminal Laws: are divided into felonies and misdemeanors.

• Misdemeanors: the penalty is a prison term of one year or less.

• Less serious crimes such as simple assault or minor theft, are called misdemeanors

• Laws Fall into two major Groups:2. Civil Laws: regulate relations

between individuals or groups of individuals.–A Civil Action is a lawsuit that can

be brought by a person who feels wronged or injured by another person

–Courts may award the injured person money for the loss, or they may order the person who committed the wrong to make amends in some other way

–AN example of a civil AN example of a civil action is a lawsuit for action is a lawsuit for recovery of damages recovery of damages suffered in an automobile suffered in an automobile accidentaccident

–SOMETIMES YOU CAN BREAK SOMETIMES YOU CAN BREAK BOTH A CIVIL AND CRIMINAL BOTH A CIVIL AND CRIMINAL LAW – RESULTS IN TWO COURT LAW – RESULTS IN TWO COURT CASESCASES

• A A CRIMINAL CASECRIMINAL CASE IS BROUGHT BY IS BROUGHT BY THE THE GOVERNMENTGOVERNMENT (PROSECUTOR) (PROSECUTOR) AGAINST A AGAINST A DEFENDANT,DEFENDANT, THE THE PERSON ACCUSED OF COMMITTING PERSON ACCUSED OF COMMITTING THE CRIMETHE CRIME

• A A CIVIL CASECIVIL CASE is brought by the is brought by the PLAINTIFFPLAINTIFF – the person or company – the person or company harmed – against the defendantharmed – against the defendant

• Prosecutor – the state or federal government’s attorney in a criminal case

• Beyond a Reasonable Doubt: This means that if the jury (or the judge in a case tried without a jury) has any reasonable doubts about the defendant’s guilt, then it must vote not to convict. CRIMINAL CASES ONLY

• Preponderance of Evidence: the jury (or judge) needs only to decide if it is more likely than not that the plaintiff’s complaint is true.

• This is a lower requirement for proof than the beyond-a-reasonable-doubt standard used in criminal trials

The US ConstitutionThe US Constitution: :

–The longest-lasting written The longest-lasting written constitution in the world. constitution in the world. (over 200 years)(over 200 years)

•The US Constitution:The US Constitution:

–sets forth the basic sets forth the basic framework of our framework of our government. government.

–It also lists the It also lists the government’s powers, the government’s powers, the limits on those powers, limits on those powers, and the people’s and the people’s freedoms that cannot be freedoms that cannot be taken away by the taken away by the governmentgovernment

–Limited government: Limited government: is a is a fundamental notion in our fundamental notion in our Constitution. It limits Constitution. It limits government to powers provided government to powers provided to it by the people.to it by the people.

–The Constitution created a The Constitution created a national government of limited national government of limited powers, with authority to pass powers, with authority to pass laws only in the areas listed in laws only in the areas listed in Article 1: The Legislative BranchArticle 1: The Legislative Branch

–Separation of PowersSeparation of Powers: : division of power among the division of power among the three branches of three branches of government. (Executive, government. (Executive, Legislative, and Judicial)Legislative, and Judicial)

–Executive Branch:Executive Branch: includes includes president and federal president and federal agencies, IS PRIMARILY agencies, IS PRIMARILY responsible for enforcing the responsible for enforcing the laws.laws.

•StatuteStatute is is another name another name for a lawfor a law

–Legislative BranchLegislative Branch: Congress, : Congress, uses lawmaking power when uses lawmaking power when it passes laws, or statutes.it passes laws, or statutes.

–The Judicial BranchThe Judicial Branch: the : the Courts, clarifies and in some Courts, clarifies and in some instances establishes law instances establishes law through its rulings – Brown v. through its rulings – Brown v. Board of Education ruling Board of Education ruling ended segregation in schoolsended segregation in schools

–Checks and BalancesChecks and Balances: the three : the three branches of the federal branches of the federal government are independent, but government are independent, but each has the power to restrain the each has the power to restrain the other branchesother branches

–The system was designed to prevent The system was designed to prevent one branch from becoming too one branch from becoming too powerful and abusing its powerspowerful and abusing its powers

•Veto: president has power to VETO, OR REFUSE to approve, laws passed by Congress

• Judicial Review:Judicial Review: enables a court enables a court to declare unenforceable any to declare unenforceable any law passed by Congress or the law passed by Congress or the state legislature that conflicts state legislature that conflicts with the Constitution of the with the Constitution of the United StatesUnited States

• Judicial Review is one of the Judicial Review is one of the most visible and important most visible and important checks of one branch on checks of one branch on anotheranother

• FederalismFederalism: The federal : The federal government’s powers to government’s powers to make laws that are listed make laws that are listed in the Constitution, and in the Constitution, and the remaining powers are the remaining powers are reserved for the states. reserved for the states.

• 1010thth Amendment Amendment