What is LawWhat is Law

Chapter 1Chapter 1

• Learning Outcomes:

1. Define jurisprudence.

2. Explain several reasons for having laws.

3. Explain why the rule of law is important in a democratic society.

4. List a number of laws that affect daily life in our society.

5. Give examples of how laws reflect economic, moral, political, and social values.

6. List three essential aspects of a fully effective law.

7. Evaluate the relationship between rights and responsibilities.

8. Identify reasons critics object to the U.S. emphasis on individual rights.

9. Distinguish between being right and having a right.

10. Distinguish between the two major groups of laws: criminal and civil.

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10. Distinguish between the two major groups of laws: criminal and civil.

11. 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.

The Ring GameThe Ring Game

1. 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.

1. 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.When all are passed back to the beginning – you win.

4. Left shoulder

5. Right shoulder

6. More boys/girls at table

Why do rules/laws make life more effective?

When all are passed back to the beginning – you win.

4. Left shoulder

5. Right shoulder

6. More boys/girls at table

Why do rules/laws make life more effective?

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I. Background

A. The field or study of law is called

B. Law can be defined as

I. Background

A. The field or study of law is called

B. Law can be defined as

jurisprudence, or the study of law and legal philosophy.

the rules and regulations made and enforced by government

that regulate the conduct of people within a society.

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C. A democratic system of government cannotC. A democratic system of government cannot

that regulate the conduct of people within a society.

function effectively unless its law as are respect by the people

the laws are intended to govern.

Problem 1:Problem 1:

• List 10 of your daily activities. �ext to

each item list any laws that affect that

activity. With a partner: What is the

purpose of each law that you identified.

• List 10 of your daily activities. �ext to

each item list any laws that affect that

activity. With a partner: What is the

purpose of each law that you identified. purpose of each law that you identified.

Would you change any of these laws?

purpose of each law that you identified.

Would you change any of these laws?

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II. Law and Values

(Laws generally

A. We expect our legal system to achieve many

goals including:

1. Protecting

2. Promoting

II. Law and Values

(Laws generally

A. We expect our legal system to achieve many

goals including:

1. Protecting

2. Promoting

reflect and promote a society’s values.

basic human rights.

fairness.2. Promoting

3. Helping

4. Promoting order

2. Promoting

3. Helping

4. Promoting order

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fairness.

resolve conflicts.

and stability.

5. Promoting

6. Representing

7. Protecting the

Problem 2: The Case of the Shipwrecked Sailors - pairs

5. Promoting

6. Representing

7. Protecting the

Problem 2: The Case of the Shipwrecked Sailors - pairs

desirable social and economic behavior.

the will of the majority.

rights of minorities.

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B. Laws can be based on

1. As values change

B. Laws can be based on

1. As values change

moral, economic, political,

or social values.

, so can laws.1. As values change

2. Americans tend to think

3. There is a limit

1. As values change

2. Americans tend to think

3. There is a limit

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, so can laws.

laws can be passed to solve

all their problems.

to what laws can reasonably

be expected to do.

Problem 3: For each of the following laws, indicate

whether moral, economic, political or social values are

involved. Explain your responses. Use a separate sheet

of 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.

Problem 3: For each of the following laws, indicate

whether moral, economic, political or social values are

involved. Explain your responses. Use a separate sheet

of 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. c. All citizens may vote at age 18.

d. Special government programs lend money to minority-

owned business at low interest rates.

e. Government officials may not accept gifts from people

who want them to pass certain laws.

f. Possession of marijuana is a crime.

c. All citizens may vote at age 18.

d. Special government programs lend money to minority-

owned business at low interest rates.

e. Government officials may not accept gifts from people

who want them to pass certain laws.

f. Possession of marijuana is a crime.

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III. Balancing Rights with Responsibilities

A. Individual rights are important, but they

must

1. Radical individualism –

2. Just because you have the right to

III. Balancing Rights with Responsibilities

A. Individual rights are important, but they

must

1. Radical individualism –

2. Just because you have the right to

be matched by social responsibility.

A self centered focus and the loss of a sense of

community.

2. Just because you have the right to2. Just because you have the right to

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do (or not to do) something does not mean it is

the right thing to do. i.e. hate speech

Problem 4: The Apathetic By Standers:

Kitty Genovese was attacked and stabbed to death in 1964 in a

highly populated area of Queens, �ew York. During the half-

hour ordeal, 38 people heard Kitty’s screams for help and

watched from their windows. Twice the killer was scared off by

the sound of voices and the realization that he was being

watched. However, both times, when it became obvious that

nobody was going to call the police, the killer returned to finish

Problem 4: The Apathetic By Standers:

Kitty Genovese was attacked and stabbed to death in 1964 in a

highly populated area of Queens, �ew York. During the half-

hour ordeal, 38 people heard Kitty’s screams for help and

watched from their windows. Twice the killer was scared off by

the sound of voices and the realization that he was being

watched. However, both times, when it became obvious that

nobody was going to call the police, the killer returned to finish

off his victim. Rather than give any aid to Kitty, such as calling

the police or an ambulance, all 38 bystanders chose to pull their

shades, draw their blinds, and ignore her urgent pleas for help

as her life was taken by the deranged attacker. (Street Law pg.

13)

At your table get out a sheet of paper and answer the following

questions as a group: (see questions in notes)

off his victim. Rather than give any aid to Kitty, such as calling

the police or an ambulance, all 38 bystanders chose to pull their

shades, draw their blinds, and ignore her urgent pleas for help

as her life was taken by the deranged attacker. (Street Law pg.

13)

At your table get out a sheet of paper and answer the following

questions as a group: (see questions in notes)

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IV. Kinds of Laws

A. Laws fall into two major groups:

1. Criminal:

a. a criminal case

IV. Kinds of Laws

A. Laws fall into two major groups:

1. Criminal:

a. a criminal caseis a case is a legal action that can only be brought

regulate public conduct and set duties owed to

society.

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is a case is a legal action that can only be brought

by the government against a person charged with

committing a crime.

b. penalties

c. criminal offenses are divided into two

groups:

1. felonies:

2. misdemeanors:

b. penalties

c. criminal offenses are divided into two

groups:

1. felonies:

2. misdemeanors:

offenders are imprisoned, fined, or punished

more than one year in prison, crimes such as

murder or robbery.

2. misdemeanors:2. misdemeanors:

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The penalty is less than one year in prison, less

serious crimes such as assault, minor theft.

2. Civil:

a. a civil action

b. penalties:

c. an example:

2. Civil:

a. a civil action

b. penalties:

c. an example:

regulate relations between individuals or groups

is a lawsuit that can be brought by a person who

feels wronged or injured by another person.

courts may award a person money, or the may order

the person to make amends in some other way

c. an example:

d. civil laws regulate many ever day

situations such as:

c. an example:

d. civil laws regulate many ever day

situations such as:

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a lawsuit for recovery of damages suffered in an

automobile accident.

marriage, divorce, contracts, real estate, insurance,

consumer protection and negligence.

3. Terms in litigation

1. defendant

2. plaintiff

3. prosecutor

3. Terms in litigation

1. defendant

2. plaintiff

3. prosecutor

-person accused of committing a crime.

-person or company harmed.

-government lawyer who carries out 3. prosecutor

4. burden of proof

a. criminal

b. civil

3. prosecutor

4. burden of proof

a. criminal

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-government lawyer who carries out

prosecution.

-beyond a reasonable doubt

-preponderance of the evidence.

Problem 5: Read the following scenario taken from your Street Law text and

be ready to answer it in class:

Matt and Kenji decide to skip school. They take Kenji’s brother’s car without

telling him and drive to a local shopping center. Ignoring the sign

“Parking for Handicapped Persons Only,” thy leave the car and enter an

electronics shop.

After looking around, they buy a portable CD player. Then they buy some

sandwiches 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,

Problem 5: Read the following scenario taken from your Street Law text and

be ready to answer it in class:

Matt and Kenji decide to skip school. They take Kenji’s brother’s car without

telling him and drive to a local shopping center. Ignoring the sign

“Parking for Handicapped Persons Only,” thy leave the car and enter an

electronics shop.

After looking around, they buy a portable CD player. Then they buy some

sandwiches 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 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 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. They call

the police to report the accident and the theft. When th police arrive, they

seize a small, clear bag containing illegal drugs from behind the car’s

back seat. Matt and Kenji are arrested.

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 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. They call

the police to report the accident and the theft. When th police arrive, they

seize a small, clear bag containing illegal drugs from behind the car’s

back seat. Matt and Kenji are arrested.

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1. List all the things you think Matt and Kenji

did wrong.

2. What laws are involved in the story?

3. Which of these are criminal laws? Which

are civil laws?

1. List all the things you think Matt and Kenji

did wrong.

2. What laws are involved in the story?

3. Which of these are criminal laws? Which

are civil laws?

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V. Our Constitutional Framework

(Our constitution is the

A. Key elements of our Constitution

1. Limited

2. Separation

V. Our Constitutional Framework

(Our constitution is the

A. Key elements of our Constitution

1. Limited

2. Separation

basic framework of our government.)

-national government can only do

certain things.

-of powers: three branches, judicial-2. Separation

3. Statues

2. Separation

3. Statues

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-of powers: three branches, judicial-

courts, executive- president and federal

agencies, legislatives- Congress

-the laws that Congress passes

4. Checks and balances

5. Judicial review

a. declare a law

1. the Constitution

4. Checks and balances

5. Judicial review

a. declare a law

1. the Constitution

-the three branches are in-

dependent, but have the ability

to restrain one another.

unenforceable because either

does not

give the power to pass the law

2. that violates2. that violates

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give the power to pass the law

some bodies rights

6. Federalism

7. Bill of Rights

6. Federalism

7. Bill of Rights

-the division of power between the state

and the local governments.

-principle of limited government is

demonstrated in the first 10

amendments

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Problem 6: With a partner examine each of the following

situations and determine for each which Constitutional

principle (discussed above) is involved. Explain your

answer.

a. A state law requires that a prayer be said each day in

public schools. The courts rule that the law violates a First

Amendment clause that prohibits the government from

establishing a religion.

Problem 6: With a partner examine each of the following

situations and determine for each which Constitutional

principle (discussed above) is involved. Explain your

answer.

a. A state law requires that a prayer be said each day in

public schools. The courts rule that the law violates a First

Amendment clause that prohibits the government from

establishing a religion. establishing a religion.

b. The U.S. 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.

c. Because a prison is very old and overcrowded, a state court

orders the state legislator to spend $10 million on a new

prison.

establishing a religion.

b. The U.S. 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.

c. Because a prison is very old and overcrowded, a state court

orders the state legislator to spend $10 million on a new

prison.

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