Law & American Society

Introduction to Law and the Legal System

What is Law?

• The Paper Clip Game• You will each get one paperclip for our

game

•Play!

• Pass the bands, one at a time, from front to back to front again

•GO!

• You must pass the bands over your left shoulder!

• You must return the bands over your right shoulder!

• You must pass the bands boy-girl-boy-girl, etc.

The Band Game

• What made you frustrated or angry about the way the game was played?

• Why was it unfair?

The Band Game

• You must have clear and consistent rules announced in advance

• The rules cannot change in the middle of the game

• Rules must be applied equally and consistently to everyone, certain groups or individuals cannot be discriminated against arbitrarily

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Connection from Game to Laws

• What was needed for the game to run effectively from the start?

• What do you think is needed to make laws effective?

• Why would a course about law start off with a game like the one we just played?

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What is Law?

• Law-the rules and regulations made and enforced by government that regulate the conduct of people within a society.

• The study of law and the philosophy behind our laws is called jurisprudence

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What is the PURPOSE of Law?

• Why does society create laws and what do they hope their laws will accomplish?

• Are there any problems in society that laws cannot fix?

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Law & Values

• We expect our laws to achieve many goals such as– Protecting basic human rights– Promote fairness– Help resolve conflicts– Promote order and stability– Promote desirable social and economic behavior– Represent the will of the majority– Protect the rights of minorities

The Case of the Shipwrecked Sailors

• Read the handout

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What was the verdict?

• COURT RULED THEM GUILTY... both men were sentenced to death.

• “We are often forced to set up standards we cannot reach ourselves, and to lay down rules which we could not ourselves satisfy. But a man has no right to declare temptation as an excuse nor allow compassion for the criminal to change or weaken the legal definition of the crime.”

• WHAT DID THE COURT MEAN BY THIS?15

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Luckily...

• Queen Victoria commuted the sentence to six months imprisonment.

• Why do you think she might have done this?

Moral, Economic, Political, and Social Values

• For each of the following laws, is there a moral, economic, political, or social vales are involved.– All drivers must stop at stop signs– It is a crime to cheat on your tax return– All citizens may vote at age 18– Special government programs lend money to

minority-owned businesses at low interest rates– Government officials may not accept gifts from

people who want them to pass certain laws– Possession of marijuana is a crime

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CLOSURE“The law must be stable, but it must not stand still.” - Roscoe

PoundWhat does this mean to you?

Relate it to something we learned today in class.

Law & American Society

Human Rights

                  

Human Rights

• Human Rights are the rights all people have just because they are human beings

• The United Nations Universal Declaration of Human Rights is a statement of basic human rights and standards that almost all nations of the world have agreed to.

                                       

Than Shwe, MyanmarAge: 75In Power Since 1992Last Year's Rank: 6

In August and September, Buddhist monks led pro-democracy demonstrations against 45 years of military rule. Than Shwe ordered troops to fire at the crowds: They killed dozens of protestors, and his forces detained several thousand more. Burma’s symbol of democracy, Nobel Peace Prize-winner Aung San Suu Kyi, remains under house arrest. 

                                       

Omar Al-Bashir, SudanAge: 64In Power Since 1989Last Year's Rank: 1

Under Bashir’s rule, the Darfur region of Sudan continues to be the site of a violent power struggle among government forces and allied militia, rebels and bandits. In 2007, Bashir ordered aerial bombing raids that killed dozens of civilians. While Bashir did appoint an official to investigate the human-rights situation in Darfur, the appointee himself has been suspected of war crimes by the International Criminal Court.

Kim Jong-il, North Korea Age: 65In Power Since 1994Last Year's Rank: 2

Kim Jong-il runs the most isolated, repressive regime in the world. His citizens have no access to information other than government propaganda. His harsh system includes collective punishment (three generations of a family can be punished for one member’s alleged crime); detainment of roughly 200,000 citizens in labor camps; and the capture, torture and jailing of those who try to flee to China.

Balancing Rights with Responsibilities

• How do we balance individual rights with social responsibilities?

The Case of the Apathetic Bystanders

Homework

• Go to the following web address, read the article, and view the pictures: http://www.nytimes.com/2005/11/27/international/africa/27malawi.html

Law & American Society

Kinds of Laws

Criminal Laws

• Criminal Laws regulate public conduct and set out duties owed to society

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

Two Types of Criminal Offenses

• 1. Felony-punishment is more than one year in prison

• 2. Misdemeanor-punishment is up to one year in prison

Civil Laws

• Civil Laws regulate relations between individuals or groups of individuals

• A Civil Action is a lawsuit brought by a person who feels wronged or injured by another person

The Players

• A criminal case is brought against a defendant

• A civil case is brought by a plaintiff against a defendant

• The prosecutor is the government’s attorney in a criminal case

The Results of a Case

• To be found guilty the prosecutor must get the entire jury to believe beyond a reasonable doubt that the person has committed the crime

• In a Civil Case, the plaintiff wins if the jury or judge believes a preponderance of the evidence outweighs the defendants evidence

• 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,” they 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 leave their trash on the park bench.

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• When Matt and Kenji get back to the shopping center, they notice a large dent in one side of their car. The dent appears to be the results 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 theft. When the 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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• List all the things you think Matt and Kenji did wrong.

• What laws are involved in this story?

• Which of these are criminal laws? Which are civil laws?

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Law & American Society

Our Constitutional Framework

Question of the Day

• Name the first ten amendments of the Bill of Rights.

• They need to be in order!!!• If you get it correct, extra FIVE points will

be added to your test grade.

• NO TALKING!!!

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US CONSTITUTION

• The US Constitution is the highest law of the land.

• It sets forth the basic framework for our government.

Limited Government

• The Constitution created a national government of limited powers, with authority to pass laws only in the areas specifically listed in Article I of the Constitution

Separation of Powers

• The lawmaking power has been divided among the three branches of government known as

• 1. The Executive• 2. The Legislative• 3. The Judicial

Checks & Balances

Veto

• The president’s power to refuse to approve laws passed by Congress.

Judicial Review• Enables a court to

declare unenforceable any law passed by Congress, or a state legislature that conflicts with the nation’s highest law, the Constitution.

Unconstitutional• The courts can declare

law unconstitutional either because (1) the government has passed a law which the Constitution does not give it the power to pass or (2) the government has passed a law that violates somebody’s rights.

Federalism

• The division of power between the state and federal government is known as federalism.

The Bill of Rights

• The limits on government are also reflected in the first 10 amendments to the Constitution known as the Bill of Rights.

ASSIGNMENT!• Think about the Bill of Rights… • The U.S. wants to get rid of them and only

keep one. You are a member of an action group trying to send out message that your favorite amendment is the most important one.

• Create a poster that describes its importance and persuades people to see your way.

• On the back, write a paragraph explaining WHY it is the MOST important one.

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