Chapter 1Chapter 1

What is LawWhat is Law

I.I. What is Law?What is Law?

A. JurisprudenceA. Jurisprudence

1. The study of law and legal philosophy.1. The study of law and legal philosophy.

B. Goals of our Legal SystemB. Goals of our Legal System

1. Protecting basic human rights1. Protecting basic human rights

2. Promoting fairness2. Promoting fairness

3. Helping resolve conflicts3. Helping resolve conflicts

4. Promoting order and stability4. Promoting order and stability

5. Promoting desirable social and economic 5. Promoting desirable social and economic

behaviorbehavior

6. Representing the will of the majority6. Representing the will of the majority

7. Protecting the rights of minorities7. Protecting the rights of minorities

C. Goals of our LawsC. Goals of our Laws

1. Must balance rights with responsibilities.1. Must balance rights with responsibilities.

2. Must balance the will of the majority with the rights of 2. Must balance the will of the majority with the rights of

the minority. the minority.

3. Must balance the need for order with the need for 3. Must balance the need for order with the need for

human rights. human rights.

4. Can be based on moral, economic, political, or social 4. Can be based on moral, economic, political, or social

values. values.

a. Moral- Fundamental values of right and wrong.a. Moral- Fundamental values of right and wrong.

b. Economic- Deal with the accumulation, b. Economic- Deal with the accumulation,

preservation, use, and distribution of preservation, use, and distribution of

wealth.wealth.

c. Political- Relationship between the government c. Political- Relationship between the government

and and individuals. individuals.

d. Social- Issues that are important to society. d. Social- Issues that are important to society.

Ex. Public EducationEx. Public Education

Problem 1.2- The Shipwrecked SailorProblem 1.2- The Shipwrecked Sailor

Should Dudley and Stephens be tried for murder? Why or why Should Dudley and Stephens be tried for murder? Why or why not?not?

What arguments could be made for either side?What arguments could be made for either side?

Punishment? Purpose of conviction?Punishment? Purpose of conviction?

What is the relationship between law and morality in this case?What is the relationship between law and morality in this case?

Can an act be morally right but unlawful? Explain.Can an act be morally right but unlawful? Explain.

D. Kind of LawsD. Kind of Laws

1. Criminal Laws1. Criminal Laws

a. Regulate public conduct and set out duties owed to a. Regulate public conduct and set out duties owed to

society. society.

b. Legal action brought by the government (prosecutor) b. Legal action brought by the government (prosecutor)

against a person (defendant) charged with committing against a person (defendant) charged with committing

a a crime. crime.

c. Have penalties, and offenders are imprisoned, fined, c. Have penalties, and offenders are imprisoned, fined,

placed under supervision, or punished in some other placed under supervision, or punished in some other

way.way.

d. Divided into two categories: felonies and d. Divided into two categories: felonies and

misdemeanorsmisdemeanors

* Felony- Serious crimes where punishment is more * Felony- Serious crimes where punishment is more

than than one year in prison. (murder, robbery) one year in prison. (murder, robbery)

* Misdemeanor- Less serious crimes where * Misdemeanor- Less serious crimes where

punishment is punishment is one year or less in prison. (minor theft) one year or less in prison. (minor theft)

e. Guilt must be established “beyond a reasonable e. Guilt must be established “beyond a reasonable

doubt”.doubt”.

2. Civil Laws2. Civil Laws

a. Regulate relations between individuals or a. Regulate relations between individuals or

groups of groups of individuals. individuals.

b. Civil Action- Lawsuit that can be brought by b. Civil Action- Lawsuit that can be brought by

a person a person (plaintiff) who feels (plaintiff) who feels

wronged or injured by wronged or injured by another person another person

(defendant).(defendant).

c. Courts may award the injured person money c. Courts may award the injured person money

for the loss, for the loss, or other forms of restitution. or other forms of restitution.

d. Example- Lawsuit for damages relating to a d. Example- Lawsuit for damages relating to a

car accident.car accident.

e. Regulate many everyday situations such as e. Regulate many everyday situations such as

marriage, marriage, divorce, contracts, real estate, divorce, contracts, real estate,

insurance, consumer insurance, consumer protection, and negligence. protection, and negligence.

f. Plaintiff wins by convincing the jury or judge f. Plaintiff wins by convincing the jury or judge

by a by a “preponderance of evidence”. “preponderance of evidence”.

Problem 1.6- The Apathetic BystandersProblem 1.6- The Apathetic Bystanders

a. Why do you think the bystanders took no action?a. Why do you think the bystanders took no action?

b. Did the bystanders commit a crime by not acting?b. Did the bystanders commit a crime by not acting?

c. Should the law hold citizens responsible for not helping out c. Should the law hold citizens responsible for not helping out in cases such as this one?in cases such as this one?