Law
rules and regulations made and enforced by government that regulate the conduct of people within a society
Society
specific territory inhabited by people who share a common culture
Rule of law
laws are based on real ideas of right and wrong and no one is above the law, even the government
Goals of the legal system: Give several reasons for having laws:
1. Protect basic human rights
2. Promote fairness
3. Help resolve conflicts
4. Promote order and stability
5. Promote desirable social and economic behavior
6. Represent the will of the majority
7. Protect the rights of minorities
Why is the rule of law important in a democratic society?
-government to be effective
Everyone must remember that laws are intended to protect people and resolve conflicts in everyday life
List a number of laws that affect daily life in our society
...
Give examples of how laws reflect economic, moral, political, and social values
-Laws generally reflect and promote a society's values
-Our legal system is influenced by our society's traditional ideas of right and wrong
-Usually based on morals
Ex. Law against murder
Laws must balance:
1. rights with:
2. will of the majority with:
3. the need for order with:
1. responsibilities
2. the rights of the minority
3. the need for basic human rights
What are laws based on?
Values
Name 4 kinds of values laws can be based on:
1. moral
2. economic
3. political
4. social
Moral values deal with:
fundamental questions of right and wrong
Name some circumstances which show that a society's laws to protect life are not absolute or universal:
self-defense and war allows intentional killing
Economic values deal with:
the accumulation, preservation, use, and distribution of wealth
Give examples of laws that promote economic values:
1. Laws for tax benefits for home ownership
2. Laws against shoplifting to protect property and discourage stealing
Political values reflect:
the relationship between government and individuals
Give an example of a law reflecting a political value:
Laws making it easier to vote and participate in the political process
Social values deal with:
issues that are important to society
Give examples of laws based on society's values:
Every state has laws on a free education
Laws changes when society's values change.
For example,
For a while, school sports were only for boys. As society changed, laws came about for school sports for girls
Give an example of laws that combine moral, economic, political, and social values
Laws dealing with theft:
Moral: stealing
Economic: protection of property
Political: government's punishment of it
Social: respecting the property of others
Give two examples of the problem with laws: (how people's idea that laws can be passed to solve all of their problems):
1. In 1919, 18th Amendment Prohibition this law was impossible to enforce
In 1933, 21th Amendment repealed Prohibition
2. After Sept. 11, 2001, Congress passed the Patriot Act
Patriot Act: a federal law designed to protect against further attacks by allow
Human rights
the rights all people have simply because they are human beings
Identify 5 rights included in the
1. UDHR, Written & adopted by UN in 1948 (El. Roosevelt)
2. the Int'l Covenant on Civil & Political Rights,
3. Int'l Covenant on Economic, Social, and Cultural Rights
1. liberty, education, political and religious freedom, and economic well-being, bans torture, participate in their government process
2. speech, religion, and press and the right to participate in government
3. adequate education, food, housing, health c
Covenant
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Reservation
legal way of making a provision less enforceable than it might be. The U.S. often restricts its enforcement within the country
Reasons U.S. has reservations:
U.S. reserves when the treaty would take away from the power of the states to make laws
Also, a belief that other countries should not impose their views on the states
*To continue to protect our individual rights, we have a social responsibility to actively participate in those rights. Name the responsibility that goes with:
1. Right: jury of our peers
2. Right: Govt has our values and needs in mind
1. Responsibility: Serve on juries
2. Responsibility: vote, work for candidates, participate.
identify reasons critics object to the emphasis the U.S. puts on individual rights
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Name two major groups of laws
Criminal and Civil
Criminal law
-Regulates public conduct and sets out duties owed to a society. They deal with crimes and their punishment.
-Only the government can bring criminal charges against a person
-Criminal laws have punishments such as imprisonment, fines, supervisions, etc.
Felony
a serious crime punishable by a prison sentence of more than one year.
Ex. murder
Misdemeanor
a criminal offense, less serious than a felony, punishable by prison sentence of one year or less.
Ex. Simple assault
Describe the difference between a felony and misdemeanor
Felony is more serious, >1 year prison. Misdemeanor, less serious, 1 year max prison.
Civil laws
-All law that does not involve criminal matters.
-Civil law usually deals with everyday situations of private rights of individual, groups, or business.
Ex. Marriage, divorce, contracts, real estate, etc.
Civil action
a lawsuit that can be brought by a person who feels wronged or injured by another person.
Ex. Car accident suing someone for damages
Sometimes behavior can violate both civil and criminal laws
can result in two court cases
Defendant
the person against whom a claim is made
Civil case: the person being sued
Criminal case: person charged with a crime
Plaintiff
in a civil case, the injured party who brings legal action against the alleged wrongdoer
Prosecution
the side bringing the a criminal case against another party
Prosecutor
the state or federal government's attorney in a criminal case
Beyond a reasonable doubt (criteria for a criminal case)
-the defendant in a criminal case must be guilty beyond a reasonable doubt
-the level of proof required to convict a person of a crime
-does not mean "convinced 100 percent" but does mean there are no reasonable doubts as to guilt
Preponderance of the evidence (civil case)
-In a civil case, the plaintiff wins by convincing the jury (or judge) by a preponderance of the evidence.
-Preponderance of evidence is usually the standard of proof used in a civil suit. To win, a party must provide evidence that is more convincing than
limited government
--limits government to powers provided to it by the people
--lists the government's powers, the limits on those powers, and the people's freedoms that cannot be taken away by the government
separation of powers
The division of power among the 3 different branches of government: Legislative, Executive, and Judicial, in order to limit the power of the central government.
3 branches:
1. Legislative
2. Executive
3. Judicial
1. Congress- makes laws; statutes (written laws)
2. President-carries out laws
3. Supreme Court- interprets laws
statute
written law enacted by legislatures
checks and balances
- prevents branches from having too much power
- each branch has certain powers that keep the others in check
veto
reject
Ex. --Congress pass law, Pres. can sign or veto.
--Congress can override by 2/3 vote
--Supreme Court can say unconstitutional (judicial review)
--Congress can amend the Constitution
judicial review
power of the courts to decided if a law or other government action is constitutional or not
unconstitutional
any law or government action that goes against the Constitution
federalism
-Power shared between the state and federal gov't
-Each one has certain powers stated in the Constitution
Bill of Rights
-first 10 Amendments that deal with individual rights
-Issues Am. had before the Rev. War
Individual Rights
-protect citizens from govt and each other
-protect rights to life, liberty, pursuit of happiness