Law in SocietyMs. Baumgartner

Chapter 1Laws & Their Ethical

Foundation

Planning a Career in Law Trial Lawyer

Let’s read & discuss p3 together…

VOCABULARY Laws Code:

laws grouped in organized form Common Law:

laws based on current standards or customs of the people Positive Law:

laws sent down by a higher authority to prevent disputes from happening in the first place

Jurisdiction: the power to decide a case

Equityfairness

What is Law? Laws – enforceable rules of conduct

in a society that reflect the culture and circumstances that create them

Code – laws grouped into an organized form

What is Law?

Stages in the Growth of Law Most societies go through 4 distinct stages

in forming their legal systems:1. Individuals are free to take revenge for

wrongs done to them (Gang Wars)2. A leader acquires enough power to be able to

force revenge-minded individuals to accept an award of goods or money instead

3. The leader gives this power to a system of courts

4. The leader or central authority acts to prevent and punish wrongs that provoke individuals to seek revenge

What is Law? Common law – law based on the

current standards or customs of the people, usually formed from the rules used by previous judges to settle people’s disputes

Positive law – laws dictated by an authority to prevent disputes and wrongs from occurring in the first place

WORLD’S 2 GREAT SYSTEMS OF LAW

Roman Civil Law: Louisiana (only state) with systems that are written, well-organized and in code form but never finalized or determined. Only changed by central government—not by the people.

English Common Law Barons acted as judges; disputes settled on basis

of customs. Differed region to region In 1150, King Henry gave judges power to order

wrongdoers pay the parties they injured Judges would come to you “King’s Bench” Baron’s courts decided less serious cases King’s court always took jurisdiction over

important cases King had judges appoint citizens to act as JURY

ADVANTAGES OF English Common Law

Same judicial process over and over—no surprises, people aware

Uniformity—same across the board Adapts to changes in society and

customs

** US is based on English Common Law **** common law example pg7 **

Jurisdiction: the top power to decide a case

Promotes EQUITY (fairness)

1-1 Assessment

Complete as a class

What Are the Sources of Law? Constitution – a document that sets

forth the framework of a government and its relationship to the people it governs

You are governed by both the U.S. and the your state Constitution

The U.S. Constitution is “the supreme law of the land” This means no other law may conflict

The Supreme Court is the final interpreter of the federal Constitution

What Are the Sources of Law? Constitutions allocate powers

1. Between the people and their governments

2. Between state governments and the federal governments

3. Among the branches of the government

U.S. Constitution Congress State Constitutions state

legislatures Both are composed of elected

representatives of the people

LAW ENACTMENTS Body of People Who Included

Federal Constitution—U.S. Congress

Legislatures (state or federal) create laws called statutesEX: CIGARETTE WARNINGS

Legislation at the local level is called an ordinance. (city/town rules)

Cases The judicial branch of government creates

case law. created when an appellate court approves

a rule to be used when deciding a court case. Appellate court looks into past court cases to see if/when errors were made.

It is created usually when a trial has ended and one party appeals the result to a higher court. The newly established law is used in deciding the case and others similar to it.

What Are the Sources of Law? Stare decisis – “let the decision

stand,” doctrine requiring lower courts to follow established case laws in deciding similar cases

Administrative agencies – governmental bodies formed to carry out particular laws Ex) Social Security Administration, AL

Dept. of Motor Vehicles, Russell County zoning commission

What Happens When Laws Conflict?

Sometimes laws created by different levels of government conflict

Usually federal law prevails over state law and state law prevails over local law

Remember that Constitutions are the highest sources of law and the U.S. Constitution is “the supreme law of the land” (supremacy)

Kinds of Laws Civil Law – a law that addresses wrongs

done to individuals. When private legal rights of an individual

are violated. When one person has the right to sue

another person. EX: a tenant fails to pay the rent, the

landlord has the right to sue. The police DO NOT take action.

EX: Judge Judy

Criminal Law – sets punishments for offenses against society

When your right to live in peace is violated by a crime

Police are involved and prosecute guilty party

Convictions can result in: fines, imprisonments, and execution

Other Types of Laws Procedural Law – deals with methods of

enforcing legal rights and duties. Laws that specify how and when police

can make arrests and what methods can be used in a trial.

EX: Stare Decisis 2 types:

CRIMINAL PROCEDURE (the process for enforcing the law when someone is charged with a crime)CIVIL PROCEDURE (what to follow when a civil law has been violated)

Substantive Law –defines rights and duties; concerned with all rules of conduct—except those in law enforcement Defines offenses like murder, theft, negligence

Business law – covers rules that apply to business situations and transactions

1-2 assessment

Ethics and the Law Ethics – practice of deciding what is

right or wrong in a reasoned, impartial manner

To make ethical decisions, we usually must base our decisions on reason, not emotion

Consequence-based reasoning Rule-Based reasoning

Civil disobedience – open, peaceful, violation of the law to protest what people think is injustice

Silly Laws in the U.S. In the great state of AL:

It is considered an offense to open an umbrella on a street, for fear of spooking horses.

It is illegal to sell peanuts in Lee County after sundown on Wednesday.

Putting salt on a railroad track may be punishable by death.

It is illegal for a driver to be blindfolded while operating a vehicle.

1-3 assessment

Chapter 1 Assessment: 1-16, 23, 25, 33

Find 3 silly laws for Alabama