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Unit 1 Introduction to Law and the Legal System. Chapter 1: What is Law?. Why do societies create laws, and what do they hope their laws will accomplish? How might these goals conflict with one another? What are some societal problems that laws cannot solve? - PowerPoint PPT Presentation
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UNIT 1 INTRODUCTION TO LAW AND THE LEGAL SYSTEM
Chapter 1: What is Law? Why do societies create laws, and what
do they hope their laws will accomplish? How might these goals conflict with one
another? What are some societal problems that
laws cannot solve? Do laws reflect a society’s values?
How might laws in a society that values order and safety compare to a society that values individual freedom and creativity?
Chapter 1: What is Law? Law and Values
We expect our legal system to: Protect basic human rights Promote fairness Help to resolve conflicts Promote order and stability Promote desirable social and economic behavior Represent the will of the majority Protect the rights of minorities
Our problems involve conflicts among these goals Ex. Laws that give preferences to minorities
Chapter 1: What is Law? Laws are based on moral, economic,
political, or social values. Moral values deal with questions or right or
wrong Economic values deal with the
accumulation, preservation, use, and distribution of wealth
Political values reflect the relationship between the government and individuals
Social values concern issues that are important to society
Chapter 1: What is Law? For each of the following values, indicate whether moral,
economic, political, or social values are involved: All drivers must stop at stop signs
Social It is a crime to cheat on your tax returns
Economic and social All citizens may vote at age 18
Social and Political Special government programs lend money to minority owned
businesses at low interest rates Economic and social
Government officials may not accept gifts from people who want them to pass certain laws Moral, political, economic
Possession of marijuana is a crime Moral and Social
Chapter 1: What is Law? Balancing Rights with Responsibilities
Critics say Americans are too concerned with rights and neglect responsibilities
Rights must be matched by social responsibilities Ex. If you want to be tried by a jury of your
peers, you must be willing to serve on a jury Just because you have a legal right, doesn’t
mean you should exercise it
Chapter 1: What is Law? Our Constitutional Framework
Limited Government Separation of Powers
Executive branch issues order and rules to enforce the law
Legislative branch passes laws or statutes Judicial branch clarifies the law
Checks and Balances Veto Judicial Review
Federalism Amendments
Chapter 1: What is Law? Examine each of the following situations and
determine for each whether it involves the principle of separation of powers, checks and balances, judicial review, federalism, or a combination. A state law requires that a prayer be said each day in
public schools. The Courts rule that the law violates a 1st Amendment clause that prohibits the government from establishing religion.
The US Congress passes a law that restricts the import of handguns from other countries. The legislature in one state allows the sale of handguns to anyone over age 18.
Because a prison is old and overcrowded, a state court orders the legislature to spend $10 million on a new one.
Chapter 2: Lawmaking How Agencies Create Laws
Most of the laws that affect you are made by gov’t agencies Ex. Congress passed the Clean Air Act
The Environmental Protection Agency (EPA) decides how to enforce the law
Regulations issued by agencies become law without being voted upon Hold hearings Federal Register
Chapter 2: Lawmaking How Courts Create Law
Rulings Plessy v. Ferguson
International Lawmaking Treaties
EU UN
Chapter 3: Advocacy Lobbying
A method used by interest groups to influence lawmakers
Lobbyists use ads, favors, campaign contributions, letter writing campaigns, rallies, and protests to influence legislation
Lobbyists must register with Congress and file quarterly reports Reports must indicate who has been lobbied
and on what issue, how much they are paid, and how much they have spent
Chapter 3: Advocacy Campaign Finance Reform
Proponents argue: That only rich people can run for office That interest groups receive favors in exchange for
large campaign contributions Elected official spend too much time raising money
Critics argue that contributions are protected under the 1st amendment
Soft Money Bipartisan Campaign Reform Act (eliminated soft
money) Super PAC’s 527’s and issue advocacy
Chapter 5: The Court System
Trial Courts Listen to testimony, consider evidence, and
decide the facts In a trial, there are two parties:
Plaintiff (or prosecutor) Defendant
Only defendant can appeal a decision Based on the adversarial system
Contest between opposing sides Europe uses the inquisitional system 6th amendment guarantees right to a jury trial in
criminal cases; 7th amendment for civil cases Defendant decides if he/she wants a jury trial
Chapter 5: The Court System Do you think that the adversarial system
is the best method for solving disputes? Indicate whether you agree or disagree
with the following statement: “It is better that 10 guilty persons go free than one innocent person suffer conviction.”
In a criminal case, should a lawyer defend a client he or she knows is guilty? Would you defend someone you knew was guilty?
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Chapter 5: The Court System
Appeals Courts No juries, no witnesses, and no new evidence
presented An appeal is only possible when an error of
law can be proven An appeals court decides a case by issuing a
written opinion Sets a precedent Majority Opinion Minority/Dissenting Opinion Concurring Opinion
Cases are heard by a panel of judges
Chapter 5: The Court System
State and Federal Court System State courts can hear cases arising from
state and federal law Often specialized to deal with specific areas of
the law Federal courts hear cases arising from
federal law, both civil and criminal 94 U.S. District Courts 13 Circuit Courts of Appeal 1 Supreme Court
Chapter 5: The Court System
For each case, decide whether the case will be tried in a state or federal court A state sues a neighboring state for dumping
waste in a river that borders both states A wife sues her husband for divorce A person is prosecuted for assaulting a
neighbor Two cars collide. One driver sues the other for
hospital bills and auto repairs A group of parents sues the local school board,
asking that their children’s school be desegregated
Chapter 5: The Court System Tribal Courts
Hear a broad range of civil and criminal cases involving Native Americans
Most resemble traditional, Anglo courts Limited sentencing authority
No longer than 1 year and $5,000 fine Power to hear civil cases is quite broad
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Chapter 5: The Court System International Courts
Set up by the UN to enforce international law
International Court of Justice The Hague in the Netherlands
International Criminal Court Began operating in 2003 Hears cases dealing with genocide, crimes
against humanity, and war crimes
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Chapter 6: Lawyers How Do You Find a Lawyer?
Recommendation from a friend Yellow Pages Martindale Hubbell Law Directory Billboards (lol)!
Critics of advertising Local Bar Association
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Chapter 6: Lawyers A television ad shows a lawyer in a bathing suit coming
out of a lake. He says, “If you’re in over your head because of bad debts, let us bail you out. We’re the best firm in the state.” Should there be any restrictions on ads like this? If so, what?
A lawyer hears that many people have been injured as a result of accidents in a car crash. He runs a newspaper ad showing a car crash. The ad reads, “If this happens to you, I may be able to help you recover your losses.” should the lawyer be able to do this?
Many people in an area have lost their jobs and are about to lose their homes because they cannot pay their mortgages. Jane, a lawyer, writes to all of these people saying she is willing to represent them to prevent the loss of their homes. Should she be allowed to do this?
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Chapter 6: Lawyers What to Ask Your Lawyer
What is the lawyer’s fee? By the hour? Retainer? Contingency?
Will there be a written fee agreement? Has the lawyer handled cases like this before? Will the lawyer provide you with copies of all
correspondence and documents prepared in your case?
Will the lawyer keep you informed of any new developments and talk to you in plain English?
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Chapter 6: Lawyers Working with your Lawyer
Attorney-client privilege Pick a lawyer you are comfortable with
Judges very rarely allow you to fire a lawyer once the trial has begun
Lawyers must follow a Code of Professional Responsibility Violations can result in disbarrment Can be sued for legal malpractice
Must pass state bar exam
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Chapter 6: Lawyers
Problem 6.4, p. 7027
