Law and Issues Law
and the Legal System Mr.
Thacker
I.
What Is Law
A. Definition of Law -- set
of rules or regulations by which a government regulates conduct of people
within a given society.
B. Examples of
Law--federal, state, local
C. Types of Law
1. Federal, state and local
2. Public and private
3. General public and individual
D. Rules vs. Laws
1. Law--previous def.
2.
Rules--prescribe guide of conduct-usually punishment is corrective
action not severe.
3.
Difference--laws are designed to protect and direct the general public,
rules guide and punish the individual, laws are protective and rules are
punitive.
E. Problem One (book)
1. Five
areas--Activity, affected by laws, F-S-L, reasons for, should law be change.
2. Discuss basic laws which protect our daily
routines--morning till night
F. Human Rights – United
Nations and treaties v. the Constitution
G. Rights and
Responsibilities – nothing is absolute
H. Kinds of Laws
1.
Criminal Law — (defendant) regulates public conduct and sets out duties
owed to society.
a. Criminal cases involve legal action by state and federal
authorities
b. Punishment for criminal cases
1.
Imprisonment
2.
Fines
3.
Supervision
c. Types of Criminal Offenses
1. Felonies-- The minimum penalty is usually one yr in
prison
2. Misdemeanors--penalty is a term of one
year or less
2. Civil Law--regulate relations between
individuals or groups of people.
a. Civil Action —
(plaintiff) involves action take when one person feels he has be wronged by
another (commonly called law suits)
b. Punishment for Civil Cases
1. Awarding money
2. Loss of....
3. Damages for
4. To make amends
c. Examples of Civil Cases
1. Auto accident
2. Marriage and divorce
3.
4. Homes and housing
I.
Purpose of Laws
A. Protective vs. Punitive
B. Reasons why People Like Laws
1. They provide consistency and security
2.
They provide continuity
3. The protect from arbitrary or discriminatory
treatment
4. Bez it defines the parameters
J.
Our Constitution
1. Limited Government
2. Separation of Powers
3.
Statutes--Bills which become laws
4. Checks and Balances – each branch (veto).
5.
Judicial Review--The power of the courts to decide the constitutionality
of laws passed by federal, state, and local legislature.
6. Federalism--Ladder of laws, Federal vs.
State laws, Federal laws are binding to all citizens. Supremacy Clause (VI)
7.
Bill of Rights – first ten Amendments to the Constitution
II. Who Makes the
Laws?
A. Groups who make law -- Legislatures, Govt.
agencies, Courts.
B. Legislatures
1.
Federalism--Ladder of laws, Federal vs. State laws, Federal laws
are binding to all citizens. Supremacy
Clause (VI)
2.
Statutes--Bills which become laws
3.
Ordinances--Apply to people within a certain set of boundaries.
4.
Judicial Review--The power of the courts to decide the constitutionality
of laws passed by federal, state, and local legislature.
5. Constitution--All
law is subject to constitution
C. Government Agencies
1. Congress passes law
2. Agencies adopt rules to administer the
implementing of the law.
3. OSHA, IRS, FTC, EPA
D. Courts
1. Trials--Law is also established but the court
in various trials and civil cases.
2.
Common Law--Law that is made by the courts is called case law or common
law.
3. Types of Court
a. Trial Courts--Are courts which listen to
testimony, way evidence and
decide on disputed situations, decisions in trial court may be appealed.
b. Appeals Courts--is and attempt by the
losing party to change the decision of the trial court, arguments by both
sides. (Two-way street)
c. Error in Law--In most cases an appeal will only be heard because of an error-in-law--this occurs when the judge
makes a mistake in applying the law.
1. Wrong instruction to jury
2. Permits, or disallows evidence
d. Precedents--Any time an appeals court
decides a case it becomes a written
ruling. This ruling must be followed by
all lower courts thus the decision is law.
1. Higher court may disagree
2. Court from other areas
3. U.S. Supreme Court (final say) 5000/150 heard
E. International Lawmaking
– United Nations
III. Advocacy – an
active support for a cause
A. Lobbying--includes all
those activities directed at public officials and designed to influence govt.
policies and law
B. Voting
1. You choose--voting is a way of choosing
legislators who make law.
2. Initiative – specified number of voters
propose a law by petition
3. Referendum—legislative act is referred to
voters
4. Legal Voters
a. 18 yrs old
b. Residency
c. Registration
C. Campaign Finance Reform
– p. 38
IV. Settling Disputes
A. Negotiations--The
parties involved talked to one another and try to reach a settlement which is
acceptable to both (compromise)
1. Prevents going to court. (Cost)
2. Settlement--An agreement outside of court.
B. Mediations -- A
disinterested third party, usually appointed by the state, come into a
stalemated situation and tries to induce an agreement by getting both sides to
make concessions toward the middle ground
C. Arbitration -- A neutral
third party, agreed upon by both sides comes in and listens to both sides and
then hands down a settlement which is binding on both sides
V. Courts
A. Trials--Law is also
established by courts in various trials and civil cases.
B.
Common Law--Law that is made by the courts is called case law or common
law.
C. Types of Court
1. Trial Courts--Are
courts which listen to testimony, way evidence and decide on disputed situations,
decisions in trial court may be appealed.
a. Parties – sides involved in a case
b. Plaintiff (civil) or prosecution (criminal)
v. the defendant
c. Adversarial v.
Inquisitional system
1. Definition- means contest between opposing
sides
a.
Presentation of each side
b.
Rebuttal or discredit
2. Court Cases:
The Burden Lies with the Prosecution
a.
Prosecution -- proves guilt beyond a reasonable doubt
b. Plaintiff -- proves by the preponderance
of evidence or weight of the evidence.
Victory v. Truth or justice -- does competition
provide a fair and justified way to administer law.
d. Judges and
Juries
1. Judges- he presides, protects, and insure
trial procedure, and instructs the jury and sentencing.
2. Trial by Jury (6th)
a. not requires
b. civil-plaintiff or defendant may request.
c. criminal-defendant decides on jury.
*d. Plea bargaining-criminal never brought to
court.
3. Juries--
4. Jury Selection
(random group)
a.
screening or voir dire examination exposes prejudices or opinions
b. removal
of prospective junior bez of....
c. peremptory challenges
e. Steps in a
Trial
1.
Opening Statement by Plaintiff or Prosecutor
2.
Opening Statement by Defense
3.
Direct Examination by Plaintiff or Prosecutor
4. Cross-Examination by Defense
5. Motions
6. Direct Examination by Defense
7. Cross-Examination by Plaintiff or Prosecutor
8.
Closing Statement by Plaintiff or Prosecutor
9. Closing Statement by Defense
10. Rebuttal
Argument
11. Jury
Instruction
12. Verdict
2. Appeals Courts--is
and attempt by the losing party to change the decision of the trial court,
arguments by both sides. (Two-way street)
a. Error in Law--In most cases an appeal will only be heard because of an error-in-law--this occurs when the judge
makes a mistake in applying the law.
1. Wrong
instruction to jury
2. Permits,
or disallows evidence
b. Precedents--Any time an appeals court
decides a case, it becomes a written
ruling. This ruling must be followed by
all lower courts thus the decision is law.
(Dissenting and concurring opinions)
1. Higher court may disagree
2. Court from other areas
3. U.S. Supreme Court (final say) 5000/150 heard
3. Court System -- Federal and State
a. Federal Courts
– Figure 5.1 and 5.2
b. State Courts
1. Most state trial courts are divided into
areas to deal with specific area of the law.
2. Local Courts
a.
Family
b. Juvenile
c.
Traffic
d.
Criminal
e.
Probate (will)
f.
Small Claims
VI. Lawyers
A.
When do you need one – anytime the question involves law or legal documents.
B.
How do you find one – advertising
1. Retainer
2.
Contingency fee
C. Working with a lawyer --
privilege